Termination for Breach of Agreement
If you want to end your tenancy agreement (fixedtermn or periodic) because the landlord has breached it, you can:
- Give the landlord/agent a termination notice, or
- Apply to the Consumer Trader and Tenancy Tribunal for a termination order – with or without first giving a termination notice.
Alternative to ending the tenancy
Rather than ending the agreement, consider applying to the Consumer Trader and Tenancy Tribunal for an order that the landlord fixes the breach. You may be able to settle the matter in conciliation with the landlord at the Consumer Trader and Tenancy Tribunal. see Factsheet 11: Consumer, Trader and Tenancy Tribunal and contact your local Tenants Advice and Advocacy Service for advice.
Giving a termination notice
If the landlord has breached the agreement, you can give them a 14-day termination notice. However, the landlord may make an application to the Consumer Trader and Tenancy Tribunal to dispute the notice. If the Consumer Trader and Tenancy Tribunal is satisfied that the landlord has fixed the breach, it may revoke your termination notice and the tenancy will continue.
Applying for a termination order
You can apply to the Consumer Trader and Tenancy Tribunal for a termination order. A termination order ends the tenancy and specifies the day on which it ends. You must apply within 3 months of becoming aware of the breach. The Consumer Trader and Tenancy Tribunal may make a termination order if it finds
- The landlord breached the tenancy agreement, and
- The breach is sufficient to justify termination.
The Consumer Trader and Tenancy Tribunal may decide not to end the tenancy if it decides that the landlord has fixed the breach or has taken steps to fix it.
Termination for rent increase in ‘long-term’ fixed-term agreement
You can give a 21-day termination notice because the landlord has increased the rent when your fixed-term agreement is for more than 2 years. You do not have to pay the landlord compensation or other additional amount for ending the agreement early.
Early termination on a prescribed ‘extraordinary’ ground
You can give the landlord a 14-day termination notice before the end of a fixed-term agreement on any of the following grounds:
- you have been offered and accepted a place in social housing
- you have accepted a place in an aged-care facility or you need care in an aged-care facility
- the landlord wants to sell the premises and did not tell you this before entering into the tenancy agreement
- a co-tenant or occupant or former co-tenant or occupant has been excluded from the premises by a final apprehended violence order.
You do not have to pay the landlord compensation or other additional amount for ending the agreement early. Vacating before end of your termination notice
You may give vacant possession at any time before the date on the termination notice. You may be liable to pay rent until the end of the notice period.
Withdrawal of termination notice
You may withdraw a termination notice at any time with the landlord’s (and any co-tenants’) consent. You may give a further notice on the same or another