Frequently asked questions
We are a week behind in our rent. Yesterday our landlord told us we have to move out of the house by the weekend. Can he do that?
If you have a periodic tenancy, the landlord must give you 90 days written notice to terminate the tenancy. The landlord can give 42 days written notice if they intend to use the property themselves or for their family members if stated in the Tenancy Agreement. If the property has been sold and the buyer wants the property empty, 42 days written notice also applies.
If you have a fixed-term tenancy, it cannot be terminated early unless both you and the landlord agree, or the Tenancy Tribunal says you can. This means neither of you can give any notice to terminate the tenancy.
The landlord can issue a 10 working days notice to a tenant giving them 10 working days to catch up with the rent. If the tenant does not comply with this, the landlord can apply to the Tenancy Tribunal for a monetary order for the rent owed and terminate the tenancy.
My landlord hasn’t come to fix the leaking shower and the back door won’t shut properly. Can I withhold my rent until he fixes these things?
You cannot withhold rent from the landlord. If repairs to the property are needed, issue the landlord with a 10 working days notice. If the repairs are not done within 10 working days you can lodge an application with the Tenancy Tribunal for a work order. You can download a copy of a 10 working days notice.
Our landlord keeps turning up to our house at all hours of the day and night. Is this allowed?
The landlord owns the property but, while you rent it, it is your home. This means the landlord has to respect your peace and privacy (this is called ‘quiet enjoyment’). There are restrictions on how, and when, the landlord can come into the house. However, the landlord has the same right as anyone else to come and knock on the door and speak to you – unless this happens so often it becomes harassment.
The landlord can:
- inspect the property, but not more than once every four weeks, and they must give you 48 hours notice
- enter the property to fix something between the hours of 8am and 7pm, but they must give you 24 hours notice
- enter the property in the case of an emergency (without giving notice).
If the landlord wants to come inside for something that is not an emergency, they must ask you first. If they don’t ask you, they may be breaking the law and you should call us for advice on 0800 836 262.
We have not received notification that our bond has been lodged. We paid the bond and signed the bond lodgement form three months ago. What should we do?
When a tenant pays the bond to the landlord, the landlord must issue a written receipt and lodge any payment received as bond with the Department of Building and Housing within 23 working days, along with the signed bond lodgement form. Under the Residential Tenancies Act 1986, it is an unlawful act to not lodge a bond. If a landlord does not lodge a bond, the Tenancy Tribunal may award exemplary damages to the tenant.
For questions about bond, call 0800 737 666.
My landlord has put the house on the market. He wants us to have three open homes a week. Is this ok?
The landlord must tell the tenants or anyone wanting to rent the property if the house is for sale. Landlords have the right to show buyers through the property at times and in a way that suits you both. Tenants cannot unreasonably refuse access for people to view the property. Talk to your landlord to agree what works for the both of you. If you feel your landlord is being unreasonable, call us for advice on 0800 836 262.
I live in a flat with three other people and am about to move out. We all signed the tenancy agreement at the start of the tenancy. A new flatmate is moving in when I move out. What forms do we need to fill out now?
If you all signed the tenancy agreement, and one person is moving out of the flat, then you will need to speak to your landlord about changing your tenancy agreement. You can end your current agreement and complete a new tenancy agreement that includes the new tenant, or you can agree to amend your current agreement.
If you agree to amend your current agreement, you should record this in writing and have it signed by the landlord and all tenants - include details such as the date you are being removed from the agreement and the date the new tenant is being added to the agreement.
If the new tenant is not going to sign the tenancy agreement, then you should still record that you are being removed from the agreement, and have the other tenants and landlord agree to it in writing. The tenants who are staying in the property may also want the new person moving in to sign a flatting agreement. See our website for a sample flatting agreement.
If your name is on the bond lodgement form, you will also need to complete a Change of Tenant form, removing your name from the bond record, and adding the new person’s name if necessary. The Change of Tenant form must be signed by you, the continuing tenants, anyone who is being added to the bond record and the landlord.
For more information call 0800 TENANCY (0800 83 62 62).
One of my flatmates is severely behind in his rent. Am I liable?
If you move into a flat and sign a tenancy agreement with other flatmates, you share responsibility for the entire tenancy. This is called joint and several liability. It means if one of the tenants damages the property or doesn’t pay their share of the rent, you can all be held responsible. You might have to pay the debt if the offending tenant does not.
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, Citizens Advice Bureaux and student accommodation advisors can offer advice on flatmate relationships. See our website for a sample flatting agreement you can use.
We have a 12 month fixed-term tenancy ending in three months. The house is cold and we want to move out now. What should we do?
If you have a fixed-term tenancy, you can’t give notice to end it early – this can only be done by agreement with your landlord. Talk with the landlord and discuss your concerns and try to negotiate a suitable agreement.
If the property requires maintenance, you can give the landlord 10 working days notice explaining the issue and the work to be done. If the work is not done at the end of the notice period you can apply to the Tenancy Tribunal to have the work done, receive compensation for lack of repair, and/or terminate the tenancy.
We have a periodic tenancy. We have found a new place to move to. When should I contact the landlord?
A tenant must give their landlord at least three weeks written notice to terminate a periodic tenancy. The landlord may agree to let the tenant leave earlier. If the landlord decides to do this, they should write and tell the tenant. You must ensure the rent is paid up to the end date of the tenancy.
I have missed the last four rent payments. My landlord says I have to move out now. What should I do?
If you have a periodic tenancy, the landlord must give you 90 days written notice to terminate the tenancy.
The landlord can give 42 days written notice if the property will be used for the landlord himself, or the landlord’s family member, if stated in the Tenancy Agreement, or if the property has been sold and the buyer wants the property empty.
You can’t end a fixed term tenancy early unless both you and the landlord agree, or the Tenancy Tribunal says you can. This means neither of you can give any notice to terminate the tenancy.
The landlord can apply to the Tenancy Tribunal for a monetary order for the rent owed and to terminate the tenancy.
If you are receiving a benefit, Work and Income may be able to help. You may be eligible for help even if you are working. Call Work and Income for more information on 0800 559 009.
We are moving out of our periodic tenancy and have given our landlord three weeks notice. How do we need to leave the property?
At the end of the tenancy you must:
- leave the property reasonably clean and tidy
- pay the rent up to the last day of the tenancy
- remove all your belongings
- dispose of all rubbish properly
- leave everything the landlord owns in the property
- return all keys, access cards and garage door openers.
If a tenant does not do all these things, the landlord can ask for some, or all, of the bond so they don’t lose money. If you don't agree, call the Department of building and Housing for advice and information on applying to the Tenancy Tribunal.
For more information please phone 0800 TENANCY (0800 83 62 62)