A landlord can ask the court to evict you after they claim your property is unfit for habitation and you have breached the tenancy agreement.
The key points to understand are that:You cannot sue the landlord for the rent you paid the previous tenant and that if the tenancy is terminated for reasons other than the landlord’s breach, the landlord must repay you as a tenantYou can sue the tenant for the breach and recover the rentYou must prove your breach was intentional and the landlord cannot recover the damage caused by your breach.
Here’s what you need to know about your rights.
What is a tenancy agreement?
A tenancy agreement is a written agreement between two people that sets out the terms of a tenancy.
A tenancy is a contract between two parties where the person who owns the property and the people living there are legally bound to live together.
In a tenancy, each party agrees to share a certain number of the property.
The term of a lease means the terms and conditions of a contract and the time of the agreement.
How does it work?
If you have a tenancy that runs for more than five years, you and the other person have a legal right to a termination of tenancy agreement (or a ‘termination lease’).
The ‘termination’ of a rent-free tenancy agreement means that the landlord no longer has a right to use the property or control its use.
If you or your tenant breach the tenancy by not paying rent, the court can terminate the tenancy and/or take possession of the rental property.
If the court agrees that you and your tenant breached the agreement, the termination of the tenancy usually happens within three to five years.
If a landlord breaches a rent free tenancy agreement, they can’t sue you for any damages caused by the breach.
They must instead pay you the rent they owe you.
A landlord’s right to terminate a tenancy is different to a tenant’s right.
A tenant’s rights to terminate are:The right to:You can terminate a lease without noticeThe right of the landlord to:Pay you the agreed rent (including any damages)You can:Keep your rental propertyYour rights to:The rights of a tenant to:A landlord can’t evict you, unless they are the owner of the house, if they breach the agreement or the tenancy.
Here are the rules that govern when a landlord may evict you:The tenancy agreement can’t be changed once it’s in place.
The only way for a tenant who wants to leave to get their belongings back is to take a legal action against the landlord, but only if the eviction is for breach of the terms.
The eviction process can take up to 10 working days.
If your landlord breaks the tenancy, they will have to make you pay the rent as a non-custodial tenant (or someone who’s a tenant of a business with the same address and name as the premises).
This means you’ll have to pay rent for the duration of the breach, plus any costs the landlord incurred for legal representation.
If they don’t make you any money back from your rent, they’ll have a right of possession.
You can then claim back the money.
This means you will need to show the landlord has a legitimate interest in the property (such as the purpose of using the property) and the money was intended for the purpose, not for personal use.
You should make a declaration and get the landlord back your rent.
If all this doesn’t work out, the Court can still order you to pay back rent and/an amount of money that the court determines is due.
If that’s not possible, the courts can grant a final order that allows the landlord and tenant to agree to part ways.
The landlord will then have to provide an affidavit that they are no longer entitled to control or use the premises.
If there’s no agreement, or if the court disagrees, the tenancy can be terminated.
This is called a termination lease.
Once a tenancy ends, the terms can be changed again.
You can’t change the length of the period of a ‘tenancy’You cannot change the amount of rent that you pay to a landlord.
You’ll need to make a claim to the court that you were entitled to a certain amount of the rent (called a ‘rent claim’).
If your tenant is an employee, they’re not entitled to the same rent-restriction as you.
This means if they work a specific shift in a certain part of the day, they might not get the same amount of their rent.
The landlord can still get their share of your rent if they have more than one occupant in the house.
This might mean you could get less money out of a termination.
If both you and a tenant have the right to end a tenancy without notice, you’ll need a tenancy termination notice.
The notice is usually issued by a landlord’s office, and can be served either in person or by mail.
The Notice must be in writing, and must give the landlord or tenant the tenant’s address and contact