Leaving a tenancy or changes to a tenancy

Changes to a tenancy or when a tenant wants to leave a property must be discussed with the housing provider first.

MSD must have confirmation from the housing provider before they can stop paying the Income Related Rent Subsidy or calculating the rate of Income Related Rent.

A joint tenant can request to give up their share in a tenancy if all the clients that are on the Tenancy Agreement give consent.

There are some circumstances where it is more appropriate for the remaining tenant to make this request so the joint tenancy can be ended and the tenancy re-let to the remaining tenant as the sole tenant.

The most common situation is when the departing tenant has already left and cannot be located to sign a release form.

Sometimes, clients request to be removed from the Tenancy Agreement, but remain at the property as an additional occupant.

For example, an adult child could request to become an additional occupant rather than a tenant if all tenants agree.

There are 2 types of breaches to a Tenancy Agreement.

These are:

• breaches that can be resolved with the housing provider (for example, rent arrears) and
• breaches that cannot be resolved as they have already occurred (for example, anti-social behaviour)

A housing provider will only commence an eviction of a tenant as a last resort.

An eviction will only be initiated due to:

• an inability to reach agreement with the tenant
• mediation or
• a decision of the Tenancy Tribunal

Tenants will be offered a final opportunity:

• to pay any debt to their housing provider in full
• resolve any outstanding tenancy issues or
• to leave on their own accord

However, repaying the debt or resolving the tenancy issues does not of itself guarantee that the eviction will not proceed.

Every case is looked at on its own merits.

When the tenancy has been terminated for any reason and the tenant does not vacate the tenancy, an eviction can only proceed if the housing provider obtains a possession order.

If the tenant does not vacate after being issued a 90-day notice, or any other notice to vacate, an application must be made by the housing provider to the Tenancy Tribunal for a possession order.

If the tenancy was terminated by the Tenancy Tribunal then the termination order will also be a possession order.

All tenants are expected to occupy their tenancy continuously.

A tenant must tell their housing provider if they will be absent from the property for more than 30-days, as per their Tenancy Agreement.