Tenancy A-Z

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F

Facilities

Facilities, in relation to a tenancy agreement (other than a boarding house tenancy agreement) includes all facilities provided by the landlord for the non-exclusive use and enjoyment of the tenant. Facilities are separate from the premises and may include things like land or buildings for storing or parking motor vehicles, laundry facilities, cooking facilities, lifts and stairways, rubbish storage and disposal facilities, toilet and washing facilities, appliances for heating or cooling the premises, communication facilities, recreational areas, lawns, gardens and outhouses. 

In the case of a boarding house tenancy, facilities means the facilities provided by the landlord of a boarding house for the shared use by tenants of the boarding house, such as toilet and bathroom facilities, cooking facilities, general living, dining, or recreational areas, laundry facilities, lifts and stairways, rubbish storage and rubbish disposal facilities, appliances for heating or cooling the premises, communication facilities, lawn, gardens, and outhouses, any land or buildings intended for use for storage space or for the parking of motor vehicles.

Fixed-term tenancy

Fixed-term tenancies are for a specific length of time and cannot be ended by notice during the term of the tenancy. They automatically become periodic tenancies on expiry of the fixed term unless either party gives the other party written notice of their intention not to continue with the tenancy. This notice needs to be given between 21 and 90 days before the date the tenancy expires.

The landlord and tenant may agree to enter into a new tenancy agreement, or extend the existing tenancy agreement.

If there is a right to renew or extend the tenancy in the tenancy agreement, and the tenant wishes to renew or extend the tenancy, then the tenant must write to the landlord advising them at least 21 days before the fixed-term tenancy is due to end.

The rent cannot be increased during a fixed-term tenancy unless there is provision for an increase written into the tenancy agreement.

If the rent is set excessively above market rate, the tenant may apply to the Tenancy Tribunal for a market rent assessment to be carried out only within 3 months of the start of the tenancy or within 3 months of the date of the last rent review. Despite this, a tenant who is a party to a fixed-term tenancy of premises held in a stratum estate under the Unit Titles Act 2010 may apply for a market rent assessment within 3 months after the tenant is notified of a change or otherwise becomes aware of a change in the body corporate operational rules made under that Act, if that change affects the tenant.

Fixed-term tenancies may be ended early by the agreement of all the parties to the tenancy, by assigning the tenancy, or through an order of the Tenancy Tribunal. However, with no agreement it’s hard to get out of a fixed-term tenancy.

A landlord or tenant can ask the Tenancy Tribunal to end the tenancy early if there is an unexpected change in their circumstances that would result in severe hardship to them if the tenancy continues. This must be more than the hardship that the other party would suffer if the tenancy ends. If the Tenancy Tribunal thinks it would be unfair to make the tenancy continue, it may agree to end the tenancy. The Tribunal can also order the landlord or the tenant to pay compensation.

Fixed-term tenancies may be terminated by notice if a mortgagee takes possession or in certain circumstances involving destruction or serious damage to premises, and on the death of a sole tenant under a tenancy agreement.

If the parties agree to a tenancy that is 90 days or less (and it will not be renewed or extended) this is considered a short fixed-term tenancy. The rules relating to market rent, rent increases for improvements to the premises, and notice to end the tenancy do not apply to short fixed-term tenancies. In general, all other relevant provisions of the Residential Tenancies Act apply. A landlord cannot use a short, fixed-term tenancy as a trial period.

Where a short fixed-term tenancy is rolled over for more than 90 days, it becomes subject to the all of the provisions of the Residential Tenancies Act.

Fixtures

Tenants cannot affix anything to the premises or renovate, make alterations or additions to the premises without the prior written consent of the landlord, or in accordance with the tenancy agreement.

Before the tenancy ends, the tenant can remove any of their fixtures unless this would cause irreparable damage to the premises.

Any fixtures put up by a tenant and not removed at the end of a tenancy become the property of the landlord. However, this does not apply if there is a contrary agreement or the landlord has led the tenant to reasonably believe that the tenant
is entitled to remove the fixtures.

If damage is caused in the removal of fixtures, the tenant should tell the landlord and, at the landlord’s discretion, repair or compensate the landlord for reasonable expenses to repair the damage.