As a tenant, dealing with the tenancy laws and its knotty terms and conditions is quite a complex deal. Therefore, when a tenant falls into such problematical situation, it gets very tough for him to manage things, especially at the time when a landlord or tenant changes, or when the house is sold out. So here we will take the example of each situation and explain whether they can really end up the tenancy or not.
What if landlord changes?
During a tenancy period, sometime a new landlord takes over or the landlord changes for other reasons. When this happens and the bond is held by the tenancy services, it is mandatory to complete the ‘change of landlord form’. In another incident, if the owner of the property uses a different property management company, it is considered to be a change of landlord.
The current landlord must give a prior notice to the tenant about such changes where the new landlord or the management company should also give their contact details like phone number to the tenant. The respective process pertains when the owner’s been managing the tenancy themselves and then, during the tenancy period employs any property manager to take over. If the landlord changes, then the bond record must also be changed.
What if the tenant changes?
Tenancies can only be changed if the landlord and all tenants in the tenancy agreement agree. If any of the tenants mentioned in the agreement changes, everyone has to agree with this. Whenever such situation occurs and the bold is held by the tenancy services, ‘change of tenant form’ must be filled out to make it official. Sometime when one of the several tenants in the agreement wants to leave, they require a written agreement from the landlord to leave the agreement.
If all of the tenants get agree, the agreement must be signed and approved by the landlord and rest of the tenants. At the same time, if the tenant wants to assign someone to replace then this would be known as the assignment. Assignment can be carried forward only if there is only one tenant on the tenancy agreement, or of there are more than one. A tenant can’t assign his tenancy if there is a clause in the tenancy agreement that forbids him to do this so.
If a tenant is under a periodic tenancy, he has all freedom to give the notice anytime he wants. If there are multiple tenants, the landlord can take that notice at the end of the tenancy for all of them. If other tenants want to continue with the tenancy, they must contact the landlord for their continue tenancy.
So next time when you have any confusion related to the end of tenancy, keep these points in mind and act accordingly.
