There are a multitude of reasons whereby a tenant or a landlord might need to terminate a tenancy agreement. In Queensland in particular, the Residential Tenancies and Rooming Accommodation Act (RTRA Act) have ensured there are fair and reasonable measures in place to ensure the best possible outcome for both parties.
“Sometimes in the real estate industry there might be times where the lessor or the tenant might not be able to fulfill their part of the lease.” Emily Williams, one of Calibre’s top Business Development Managers, reassures us… “If you’ve engaged in a good property manager to manage the tenancy then you can be assured that they will follow the correct procedures in order to ensure that both parties are well satisfied.”
In Queensland, under the Residential Tenancies and Rooming Accommodation Act (RTRA Act), there are eight ways to terminate a tenancy agreement.
The eight ways to terminate a tenancy agreement are :
This would be a negotiation by both parties to allow the tenant to end the tenancy early with or without penalties that are agreed upon.
If a tenant or property manager/owner ends a fixed term agreement before the end date without grounds (i.e. without sufficient reason) they are breaking the agreement. This is also known as breaking the lease. A tenancy agreement is a legally binding agreement. If it is broken, compensation will probably need to be paid.
If the property owner or tenant believes they would suffer excessive hardship if the tenancy agreement was not terminated, they can make an urgent application to QCAT to end the tenancy. For example, if a tenant has lost his job and is unable to pay the rent, a tenant is forced to relocate for work, tenant or property owner is suffering severe physical or mental illness and cannot continue with the tenancy.
If a property manager/owner believes that a property has been abandoned, they can issue an Entry notice (Form 9) allowing 24 hours notice (in rooming accommodation no notice is required). The property may then be inspected to confirm it has been abandoned.
When a sole tenant dies the tenancy ends 2 weeks after written notice is given due to the tenant’s death or the day agreed by the property manager/owner and the tenant’s representative or relative.
If the tenant is on a fixed term agreement, the property manager/owner cannot make them leave because they decide to sell. The tenant can stay until the end of their fixed term, and the new owner will become their property owner. Sometimes a property manager/owner will negotiate with a tenant to end the agreement early and offer some form of compensation.
If the tenant is on a periodic agreement, and the purchaser does not want to continue renting the property (i.e. they want vacant possession of the property), the property manager/owner must give the tenant a Notice to leave (Form 12) or Notice to leave (Form R12) for rooming accommodation, that must allow at least 4 weeks’ notice after the contract of sale is signed.
If the property owner fails to make loan repayments on their rental property and defaults on the mortgage, the lender (mortgagee), usually a financial institution, may take possession of the property. The Notice to vacate from mortgagee to tenants informs the tenant that the mortgagee (or appointed person) will be taking possession of the property. This notice must be signed by the mortgagee (or appointed person) and given to the tenant at least 2 months before they must move out.
We hope you found this article about how to terminate a tenancy agreement helpful. For other articles that will assist your property investment see :
- 8 Value Adding Improvements to Secure Better Rent Return
- The Best Financial Advice You Need when Buying Your First Home
- 5 Things You Need To Know About Claiming Tax Depreciation on Your Property
- How To Ensure Rental Return Makes Your Investment More Fruitful
- 3 Clever Ways That’ll Save You Money On Big Ticket Household Items