Vacating a Property - EST0011A

Policy

When tenants decide to leave public housing they should give the Department of Housing 21 days notice in writing, or 14 days notice in writing if the tenant is on a fixed term Tenancy Agreement.

Where the Department requires a tenant to leave because the Tenancy Agreement has been breached, or it is the end of a fixed term, we will give the tenant 14 days notice. However, if the breach involves intentional property damage or injury to people we may give immediate notice. In all other cases we will give the tenant 60 days notice.

The Department and the tenant must carry out a final inspection of the premises when, or as soon as possible after, the tenancy has ended. Both the tenant and the Department should complete the original property condition report. However, if the tenant does not take the opportunity to attend the inspection the Department will complete the report in the tenant’s absence.

The Department will inspect the property after the tenant has left. The tenant must pay for any work needed to restore the property to the condition in which it was let, apart from fair wear and tear. This includes the cost of cleaning and repairing damage.

Tenants are responsible for returning all the keys given to them at the start of the tenancy.

For more information on this policy, look in Entitlement, Background and Business Rules.

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Entitlement

Tenants may end a fixed term lease before the lease is due to end if agreed to by both the tenant and the landlord. The Department will always agree to terminating a lease early if a tenant wishes to move out before the end of their fixed term providing:

• The tenant gives the Department 14 days notice of their intention to vacate in writing, and
• The notice specifies the date the tenant wants the tenancy to end and the end date allows for the correct number of days for giving notice.

Tenants may end a continuous lease by giving the Department 21 days notice of their intention to vacate in writing.

The Department may issue the tenant with a notice of termination if the tenant seriously or persistently breaches a term of their Tenancy Agreement. Tenants are entitled to be given:

• Notice in writing
• Notice in the required time period, as stated in the Residential Tenancies Act
• The reasons for ending the agreement
• A reasonable opportunity to be present at the final property inspection.

When tenants are told to leave a property for any reason, they will be given at least the notice required by the Residential Tenancies Act, consistent with the reason for terminating the tenancy. The termination notice will be in writing and give the reason for the termination.

Tenants will be given a reasonable opportunity to be present during property inspections.

If a tenant has to leave their home because of violence or threats of violence they can apply to be housed elsewhere in public housing. See the policy on Transfers (Rehousing) (ALL0160A).

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Background

The tenant must leave the property clean and tidy and in the same condition it was in at the beginning of the tenancy, apart from fair wear and tear. ‘Fair wear and tear’ means deterioration over time as a result of reasonable use and the action of natural elements, even though the property receives reasonable care and maintenance.

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Business Rules

When the tenant wants to give notice

If a tenant on a continuous tenancy wants to leave their property, they should advise the Department of Housing 21 days before they want to leave. They should tell the Department in writing, but if they tell us in person or over the phone, it will be noted in the tenant’s file.  Tenants on fixed term Tenancy Agreements should advise the Department 14 days before they want to leave.

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When the Department wants the tenant to leave a property

When the Department of Housing decides to terminate a Tenancy Agreement and take possession of a property, it will issue a Notice of Termination.

If the tenant does not move out we will seek an Order for Possession from the Consumer, Trader and Tenancy Tribunal. This order compels the tenant to move out and sets a date for the Department to take possession of the property.

When and how the Department decides to terminate a tenancy agreement is explained in Consumer, Trader and Tenancy Tribunal (REN0020A).

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When is rent paid to?

Tenancies end on a Sunday, unless the tenant has been evicted or the property becomes uninhabitable.

If a tenant moves out on or after the notice period, rent is charged up to the Sunday before they moved out. If the tenant fails to return the keys on a prearranged date and keys are returned later during that week the rent will be charged to the following Sunday.

If a tenant moves out within the notice period rent is charged up to the Sunday after they move out. However, if this would result in them paying rent for days after the notice period, rent is charged up to the Sunday before they moved out.

If a tenant moves out without giving any notice, rent is charged up to the Sunday after the Department becomes aware that the property is vacant.

If the tenant has been evicted or if the property becomes uninhabitable, rent is charged up to the end of the last day the tenant had possession of the property.

When a tenant vacates a property, they will be required to pay any water charges outstanding on their water usage account as at the termination date of the tenancy. Once a tenant has left a property, no further water charges or adjustments will be placed on their water usage account.

This applies whether the tenant is paying percentage or actual water usage charges.

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Leaving the property

Close to the time the tenant intends to leave, the Department will try to arrange an inspection of the property with the tenant. During this inspection we will complete the Property Condition Report. We compare the current condition of the property with its condition at the beginning of the tenancy.

If the damage is more than fair wear and tear, the tenant will be advised about any costs that they may have to pay to repair this damage. See the policy on Non Rent Charges (REN0071A). These amounts may put the tenant’s accounts into debit, and if not paid legal action may commence and may result in the tenant being regarded as unsatisfactory.

The Department will consider the value of any improvements the tenant has made to the property, and may compensate the tenant for them. See the policy on Improvements to Homes (EST0010A).

Another inspection is carried out after the tenant has left. The tenant will be told when this is happening so that they can attend the inspection if they wish. Any damage beyond fair wear and tear will be documented. If the damage is severe, photographs will be taken. The tenant must pay the costs to repair any damage beyond fair wear and tear.

When the tenant leaves the property, they must:

• Lock the property, and
• Give all copies of keys to any locks on the property to the Department.

We will then finalise the client’s accounts. See the policy on Vacated Accounts (REN0026A).

The Department will remove any goods left in the dwelling. See the policy on Abandoned Dwellings & Uncollected Goods (EST0011B).

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Appealing Decisions and Actions

Matters concerning the termination of a tenancy are heard by the Consumer, Trader and Tenancy Tribunal. See the policy on Consumer, Trader and Tenancy Tribunal (REN0020A).

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