What happens if the tenant wants to stay?
A lot of tenants sign up initially to a fixed term tenancy such as 12 months. At the end of a fixed term tenancy a lease automatically rolls over to a periodic tenancy. A periodic tenancy still offers protection but it is easier for both the tenant and landlord to end the tenancy when the correct written notice is given and the proper steps are followed.
If a tenant would like to start a new fixed term, no less than 21 days’ written notice must be given before the tenancy is due to expire. Terms need to be agreed by both the tenant and landlord.
If the lease moves to a periodic tenancy, any rent increase requires 60 days’ written notice. Rent can’t be increased 180 days from the start of tenancy or the latest rent increase.
What if only one of the tenants wants to move out? With the agreement of the landlord the other tenants can take over the tenancy. A change of tenancy form needs to be lodged with Tenancy Services.
What happens if the tenant or landlord want to end the tenancy?
In the situation of a fixed term lease the tenancy can not be ended early unless both the landlord and tenant agree or by order of the Tenancy Tribunal. At the end of the fixed term the tenancy automatically becomes a periodic tenancy on the same terms unless a new agreement is entered into or either party gives notice to end the tenancy.
A periodic tenancy can be ended by the tenant with at least 21 days’ notice. If one tenant gives notice this will end the tenancy for all of them.
If a landlord wants to end a periodic tenancy they need to give 90 days’ written notice. Under certain circumstances less notice is required: 42 days where the owner or a family member is moving in or where the property is sold unconditiojnally and the owner is required to give the purchaser vacant possession.
Where 90 days’ notice is given by the owner the tenant can move out earlier but will still be required to give 21 days’ written notice.