Landlord Information - Ending a Tenancy

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It’s important to understand the process and be well informed about being a landlord in NSW. There are a range of procedures at a start of a tenancy, during a tenancy and ending a tenancy that both landlords and tenants should be familiar with. If you are unsure about an aspect of the process, it is always best to refer to Fair Trading NSW.

ENDING A TENANCY

WHEN ENDING A TENANCY

To end your tenancy you will need to give written notice to the landlord, agent or tenant. The notice period required is different depending on the situation. For different situations of either a landlord or tenant ending a tenancy and the amount notice needed, see link below. These notice periods are designed to give tenants, landlords and agents reasonable time.

For further information regarding “Ending A Tenancy” in NSW please click link below:

https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy

MAKING A BOND CLAIM

If the tenant owes the landlord money after the tenancy ends, the agent/landlord can make a claim against the tenant’s bond.

The main reasons a claim can be made against the bond are:

  • unpaid rent
  • the reasonable cost of repairing damage to the premises, beyond fair wear and tear
  • unpaid water usage charges, so long as you had requested payment within 3 months of receiving the bill
  • any ‘break fee’ or other charges payable as a result of the tenant breaking the tenancy agreement early
  • the reasonable cost of cleaning any part of the premises not left reasonably clean, having regard to how clean the premises were at the start of the tenancy
  • the reasonable cost of having the barrel of the locks changed or other security devices replaced, if the tenant has failed to return all keys and security devices they were given.

There may be other legitimate reasons for making a claim against the tenant’s bond, including the cost of disposing of goods left behind by the tenant.

Fair wear and tear refers to the deterioration that occurs over time. A tenant is not responsible for fair wear and tear. The tenant is only liable for negligent, irresponsible or intentional actions that cause damage to the premises.

For further information regarding “Making A Bond Claim” in NSW please click link below:

https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy/making-a-bond-claim

GOODS LEFT BEHIND

Tenants are responsible for ensuring that all of their belongings are removed from the premises at the end of the tenancy. If goods are left behind, agents/landlords must ensure they follow the correct process.

For further information regarding “Goods Left Behind” in NSW please click link below:

https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy/goods-left-behind

TENANTS GETTING THEIR BOND BACK

Before a tenant leaves and hand back the keys, they should contact the agent/landlord to arrange a mutually agreeable time to do the final inspection. This is where you both go over the property to see if there is any damage or anything that needs cleaning.

If the agent raises something that is minor, you may be able to deal with it on the spot. The official condition report needs to be completed at this inspection. If you do not owe the landlord or agent money at the end of your tenancy, the bond that the tenant paid at the beginning of the tenancy should be refunded in full. If the agent believes the tenant owes money, they are able to make a claim against the tenants bond.

The main reasons a claim may be lodged against a tenants bond are:

  • if you still owe any rent or have unpaid water usage bills
  • if you broke the lease early and have not paid the break fee or other compensation payable
  • if you didn’t hand back all the copies of the keys you were given and the locks needed to be changed
  • if you caused damage or did not leave the premises in a reasonably clean condition, compared to the original condition report, apart from ‘fair wear and tear’.

This is not an exhaustive list. There may be other legitimate reasons for the landlord or agent to make a claim against a tenants bond.

A tenant is not responsible for fair wear and tear to the premises. Fair wear and tear means the deterioration that occurs over time with the use of the premises even when the premises receives reasonable care and maintenance. A tenant are only liable for negligent, irresponsible or intentional actions that cause damage to the premises.

For further information regarding “Tenants Getting Their Bond Back” in NSW please click link below:

https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy/getting-your-bond-back

BREAKING A LEASE EARLY

When a tenant signs a fixed term tenancy lease they are committing to stay for the full term. If their circumstances change and they want to move out before the end of the fixed term, there could be potential costs involved for the tenant. A tenant should contact their agent as soon as possible to give as much notice as they can. The tenants should also discuss with their agent what fees or compensation are involved in breaking their lease.

For further information regarding “Breaking A Lease” in NSW please click link below:

https://www.fairtrading.nsw.gov.au/housing-and-property/renting/ending-a-tenancy/breaking-a-lease-early

 

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