My son rented his house and bought a house with his partner. The rental agreement runs out in august this year. However, the relationship has broken up and he has to sell the house. Can he get into his old house earlier than August?

tigger250 - 2021-04-05 13:58:00

No - the FTT is exactly that - fixed. He would need to give between 21 and 90 days notice that the tenancy ends in August. If he doesn't give that notice, the FTT automatically becomes periodic.

However, he could apply to the Tenancy Tribunal for early termination for hardship. There's a high hurdle that the hardship is greater than the tenant who he's making homeless, but it might be worth a try.

Finally he should just try negotiating with the tenant. The tenant might want to leave, or maybe could be convinced to leave with some additional payment.

sparkychap - 2021-04-05 14:28:00

Thanks sparkychap. I suggested the 3rd option to him but it is now up to him to act.

tigger250 - 2021-04-05 14:32:00

so it would pay for him to give the 90 days before the end of the lease

tigger250 - 2021-04-05 14:34:00

tigger250 wrote:

so it would pay for him to give the 90 days before the end of the lease

He's got until 21 days before the end to give that notice, so don't panic to do it on day 90, but work out those days carefully back from the end date.

But depending on where he is in the process, it might take a while to sell anyway, considering all the steps between now and then:

select an agent
get an appraisal
get photos
listing goes live
open homes
Offer
Offer goes unconditional
Time between unconditional and settlement

It might not be that bad...

sparkychap - 2021-04-05 14:42:00

Suggest tell the tenants the tenancy will not be renewed, and you will give them as much notice as legally possible (90 days). Sounds like that has been done, but is it clear enough? Tell tenants they can leave before then if they find another place sooner, no need to give notice and what compensation will be offered if they do. Consider some free rent, what will happen about the bond, contribution to moving expenses, reference to new landlord.

And have a plan b! Like a storage unit plus a sofa somewhere.

artemis - 2021-04-05 16:01:00