TENANTS RIGHTS FACTSHEET 16

tenants.org.au/factsheet-16-ending-tenancy-early

Ending fixed-term tenancy early

As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019. This
factsheet sets out your legal options if you want to end a fixed-term tenancy agreement early in NSW. Please note that
this factsheet is about ending a fixed-term tenancy (an agreement for a set period of time, e.g. 12 months). If you
are in a periodic tenancy (an ongoing agreement where the fixed-term has expired or is not specified), please see
Factsheet 09: You want to leave).

Leaving during a fixed-term Ending tenancy early due to breach of agreement

If your landlord/agent has breached the tenancy agreement,
If you need to leave a fixed-term tenancy before it ends, it’s a good idea to get advice from your local Tenants’ Advice
you have options. You can: and Advocacy Service about what action to take. As an
• end your tenancy agreement for certain legally alternative to terminating, you could apply to the Tribunal for
specified reasons; or an order that the landlord/agent fix the breach (e.g. they do
• break your tenancy agreement – end it without a repairs you have requested) or that they stop breaching the
legally specified reason (a break fee may apply); or agreement (e.g. they stop interfering with your privacy).
• transfer your tenancy to someone else (you need If you want to terminate your tenancy agreement due to
the landlord’s written consent). breach by the landlord, you can either:
Each of these options is discussed below. • give a minimum 14-day termination notice that says it is
for breach of agreement, or
It is best to get advice before taking action to end your
tenancy. You can contact your local Tenants Advice and • apply to the Tribunal for a termination order (see below).
Advocacy Service (contact details below). If you give a termination notice for breach of agreement,
the landlord/agent may apply to the Tribunal to dispute your
Legally specified reasons to end notice. If the Tribunal finds that the landlord/agent has fixed
a fixed-term tenancy the breach, or that the breach was not serious enough to
justify termination, it may cancel your notice and you may be
found to have ‘abandoned’ the premises (see ‘breaking the
If you end your tenancy for one of the legally specified
agreement’ below).
reasons outlined below, you do not have to pay a break fee.
To end your tenancy in one of these ways, you must: Applying to the Tribunal for a termination order for breach
• give the landlord/agent a written termination notice,
and vacate (i.e. move out and return the keys), and/or If you want the Tribunal to make a termination order for
breach by the landlord/agent, you must apply within 3
• apply to the NSW Civil & Administrative Tribunal (NCAT)
months after you become aware of the breach. The Tribunal
for a termination order. If the Tribunal makes the order,
may make the order if it finds that:
it will end your tenancy and specify the day by which
you must vacate. a) the landlord/agent breached the agreement, and
b) the breach is sufficient to justify termination.
The termination notice must be in writing, signed by the tenant
and say the address of the premises, the day by which you will When deciding (b), the Tribunal will consider: the nature of
vacate (check how much notice is required), and the reason. the breach, any previous breaches, whatever the landlord/
agent did to fix the breach, whatever you did about the breach
You must properly send or deliver the notice to the landlord/ and the history of the tenancy. If the Tribunal does not make
agent, either by email (to an email address specified by the the order, your tenancy will continue.
landlord/agent for the service of documents of that kind); or
by post; or by hand (in an addressed envelope to a mailbox at Ending tenancy early due to domestic violence
their home or business address); or in person.
If you or your dependent child have experienced domestic
Keep a copy of the notice and record how and when you sent violence, you can end your tenancy immediately by giving the
or delivered it. If you post the notice, allow 7 working days for landlord/agent and any other co-tenants a Domestic Violence
delivery. You can withdraw the termination notice at any time Termination Notice (DVTN) and vacating the property. You
with the landlord’s (and any co-tenants’) consent.
TENANTS RIGHTS FACTSHEET 16: Ending fixed-term tenancy early

will not have to pay a break fee. You can use our sample For a list of the legally specified material facts that the
DVTN – Ending tenancy due to domestic violence. landlord/agent must disclose to you, see Factsheet 02:
Starting a Tenancy. It’s also a good idea to get advice from
For the DVTN to be valid, you will need to attach a
your local Tenants Advice and Advocacy Service.
document such as a Declaration by Competent Person, or
an Apprehended Domestic Violence Order, or certain other
evidence. For more information, see Factsheet 12: Domestic Ending tenancy early due to extraordinary
violence and renting. grounds
If you are the remaining co-tenant in a fixed-term agreement Give a minimum 14-day termination notice on any of the
after another co-tenant has ended their tenancy due to following grounds:
domestic violence; and you are not the relevant domestic The landlord wants to sell the premises and they did not
violence offender; you can apply to the Tribunal to end tell you this before entering into the tenancy agreement –
your tenancy. sample letter: Ending tenancy due to sale of premises.
Ending tenancy early due to premises being unusable You’ve been offered and accepted a place in social housing –
Give an immediate termination notice and vacate if the sample letter: Ending tenancy due to offer of social housing.
premises: You need or have accepted a place in an aged-care facility.
• are destroyed or become wholly or partly unliveable
The landlord failed to disclose to you that the premises were
(e.g. due to fire or flood – not due to breach of
listed on the Loose-filled Asbestos Insulation (LFAI) Register
agreement), or
prior to you entering into the agreement, or the premises
• can no longer be lawfully used as a residence, or have been listed on the LFAI Register during the tenancy.
• are acquired by compulsory process (e.g the government
takes the land to build a freeway). Vacate according to your notice. You will not have to pay a
break fee.
Ending tenancy early due to a rent increase in a
2-year or more fixed term Ending tenancy early due to undue hardship
If you have a fixed-term agreement of 2 years or more, the Apply to the Tribunal to terminate your fixed-term agreement
landlord/agent can raise your rent once in a 12-month period, if there are special circumstances and continuing the tenancy
with 60 days proper written notice (see Factsheet 04: Rent would cause you undue hardship.
increases.) However, even if the landlord/agent gives you The Tribunal will consider evidence of your circumstances
proper notice, you have the option to end the agreement – (e.g. finances or health) and those of the landlord. If it
give a minimum 21-day termination notice and vacate. The makes the order, it may also order that you pay the landlord
notice must say that it is because the landlord/agent has compensation for breaking the fixed-term tenancy early.
increased the rent during the fixed term; and you must give it
to the landlord/agent before the rent increase takes effect.

Terminating due to breach of disclosure Breaking the agreement

requirements
If you want to end the tenancy without using one of the
If the landlord/agent failed to disclose to you certain legally legally specified reasons above, you need to break the
specified material facts prior to you entering the agreement, agreement. There is no notice period, but it is reasonable to
or if they made false representations to induce you to enter give some warning. Write to the landlord/agent and include
into the agreement, you can either: your name, the address of the premises, and the date you will
• Give a minimum 14-day termination notice that says vacate (i.e. move out and return the keys). See our sample
the landlord has breached disclosure requirements. The letter – Ending
​​ tenancy early. You do not need the landlord’s
landlord/agent may apply to the Tribunal to dispute your consent – you end your tenancy by vacating. (The law calls
notice. If the Tribunal does not agree that the landlord/ this ‘abandoning’ the premises.) You must pay rent until the
agent has breached the disclosure rules, it may cancel day you vacate. In addition to paying rent until you vacate, a
your notice and the tenancy will continue, or order you to break fee will apply.
pay compensation.
• Apply to the Tribunal for a termination order and
compensation because you suffered loss as a result How much is the break fee?
of the landlord/agent’s contravention of the disclosure For fixed-term tenancy agreements of 3 years or less, the
rules (e.g. costs of relocation). The Tribunal will break fee is regulated and fixed to the following amounts,
determine whether the breach of the disclosure rules depending on which part of the fixed term period you are in:
are, in the circumstances of the case, sufficient to justify
termination.
TENANTS RIGHTS FACTSHEET 16: Ending fixed-term tenancy early

• If you have been in the tenancy for less than 25% of the
fixed term: 4 weeks rent See also
• If you have been in the tenancy for 25% to less than 50% • Factsheet 09: You want to leave
of the fixed term: 3 weeks rent
• Factsheet 03: Bond
• If you have been in the tenancy for 50% to less than 75%
• Factsheet 11: NSW Civil & Administrative Tribunal
of the fixed term: 2 weeks rent
• Factsheet 12: Domestic violence and renting
• If you have been in the tenancy 75% or more: 1 week’s rent
• Factsheet 18: Transfer and sub-letting
You may be able to negotiate with the landlord – write to • Factsheet 25: Goods left behind
them and tell them you want to leave and how much notice • Tips: Negotiating with the landlord
you are able to give (if any). They may agree to waive the
• Easy read fact sheet: Moving out
break fee. Discuss whether the landlord will claim from your
bond. For information on how to claim your bond and what • Podcast episode: Get me outta here
the landlord/agent may claim for, see Factsheet 03: Bond.
Put any agreement you reach with the landlord/agent in Factsheet updated August 2024
writing. See also Tips: Negotiating with the landlord.
To break a fixed-term agreement with an initial contract
length of more than 3 years, check the terms of your
agreement. It’s a good idea to get advice from your local
Tenants Advice and Advocacy Service (contact details
below). You may have to pay ‘compensation’ to the landlord
to cover advertising costs, re-letting fees, and lost rent until
a new tenant is found. Your agreement may set a break fee,
but the landlord must still make sure they don’t claim more
compensation from you than they actually lost. They also
need to take all reasonable steps to reduce (or ‘mitigate’)
their loss. Keep communicating with the landlord/agent to
check if they have been looking for new tenants.

Transfer of tenancy
A tenancy can be transferred from one person to another,
with written consent from the landlord. The landlord may
refuse, and does not need to have a good reason to withhold
consent. However, the landlord must not ‘unreasonably’
refuse consent if the tenants taking over the tenancy
include one of the original tenants and one or more
additional tenants.
See Factsheet 18: Transfer and sub-letting.

For free advice, call your local Tenants Advice & Advocacy Service: This factsheet is intended as a
guide to the law and should not
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