The laws that affect your rights and responsibilities as a tenant are set out in the Residential Tenancies Act 1994. The Act includes requirements that you must follow if you want to end your tenancy. Under the Act there are a number of different ways to end a tenancy. The steps you must take will depend on the type of agreement you have and your reason for leaving.

If you are a periodic tenant and want to end the tenancy you must give the lessor or agent at least 2 weeks written notice on a Notice of Intention to Leave from 13. You must also give 2 weeks Notice of Intention to Leave if you want to leave at the end of your fixed term agreement.

If you have a fixed term tenancy and leave before the end of the agreement the lessor can seek compensation from you for any financial loss they suffer due to your breach of the contract. The lessor can claim the cost of advertising and reletting the premises and can seek rent until replacement tenants are found.

If you break a fixed term agreement your lessor has an obligation to take all reasonable steps to minimise their financial loss. For example the lessor should re-advertise the property at the same rent and should not unreasonably refuse suitable replacement tenants.

If you have to break a fixed term agreement you could consider the following options:

Negotiate a mutual termination agreement with the lessor, this agreement must be in writing. It should clearly state whether or not you have any further liability for rent of other costs after the agreed ending date.

Ask the lessor or real estate agent to advertise the property. Remain in the property until replacement tenants are secured. You still may be asked to compensate the lessor for the cost of advertising and the reletting fee charged by the agent, which is usually equal to one weeks rent.

You could seek replacement tenants to take over your tenancy, however the lessor or agent must give their written permission before new tenants can move in. Replacement tenants will usually have to fill in an application form and then sign a lease.

In cases of Excessive hardship you could apply to the Small Claims Tribunal for a termination of your tenancy agreement. If the Tribunal agrees to terminate your tenancy but does not make an order about compensation the lessor may still have the option to re-apply to the Tribunal and seek compensation from you for your breach of the agreement.

The lessor or agent cannot unreasonably refuse you permission to transfer or sub-let the premises to replacement tenants. If there is a dispute you can apply to the RTA dispute service and the Small Claims Tribunal for an order.

For more information about ending tenancies see the Fast Fact on Tenancy below

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