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Tenancy A-Z

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F

Facilities

Facilities include all facilities provided by the landlord for the use and enjoyment of the tenant otherwise than as a part of the premises that are the subject of the tenancy agreement. These may include such things as 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.  

Fixed-term tenancy

Fixed-term tenancies are for a specific length of time and cannot be ended with notice.

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.

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.

When a fixed-term tenancy ends, and the tenant remains in the property after 91 days it will become a periodic tenancy if:

  • no new agreement is formed
  • the landlord does not seek a possession order.

If the parties agree to a tenancy that is 120 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 and notice to quit do not apply to short fixed-term tenancies.  All other provisions of the Residential Tenancies Act 1986 apply.

Where a short fixed-term tenancy is rolled over for more than 120 days, it becomes subject to the all of the provisions of the Residential Tenancies Act 1986.

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. 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.