Assignment, subletting or ending a tenancy early

If a client qualifies for a Recoverable Assistance Payment, they may get assistance under the 'other emergency payment' category to meet the actual and reasonable costs charged by their landlord for assignment, subletting or ending a tenancy early when:

• special circumstances exist and
• the client, their partner (if any) or dependent children (if any) would suffer serious hardship without that item or service

Verification of the amount required for each cost, and the landlord's full name and address, must be seen.

When deciding if there are special circumstances or if the client, their partner or dependent children would suffer serious hardship, also consider the reason the person needs to assign, sublet or end the tenancy early, and the impacts if they do not move.

This includes considering the following:

• Is the person moving to:
  • reduce their ongoing rent costs
  • leave a situation of family violence
  • be closer to work or essential services (eg moving closer to a tertiary hospital for specialist treatment or moving to a new area to take up a job offer) or
  • a property that better meet their needs (eg moving to an accessible property or one with more bedrooms so they are no longer overcrowded)?
• If they did not move, would the client be:
  • in danger or at risk of harm or
  • unable to meet their other immediate and essential needs (eg food or power costs) from their remaining resources, including other assistance from the Ministry of Social Development?

If a landlord incurs actual and reasonable costs due to assignment, subletting or ending a tenancy early, they can recover the costs from the tenant.

A landlord can only charge for their actual and reasonable costs once they have provided a breakdown of the expenses to the tenant.

Not all costs a tenant may have to pay can be included in assistance paid to meet the costs of assignment, subletting or ending a tenancy early.

For more information see:

Generally, social housing tenants will not need to pay the social housing provider for costs related to assignment, subletting or ending a tenancy early.

Any applications for assistance with the costs of assignment, subletting or ending a tenancy early for social housing tenancies should be discussed with Helpline or your manager.

Except when exceptional circumstances exist, payment cannot exceed:

• 6 weeks of the appropriate rate of Supported Living Payment the client would be entitled to get or
• $200

whichever is the least amount.