Ending a tenancy agreement

Atenancy agreement can come to end by termination through a written notice by the Landlord to the tenant, agent to the tenant, or by the tenant to landlord or agent.

It can also end by a court declaration; or through a notice of breach from other relevant legal authorities.

Tenant’s responsibilities at the end of a tenancy?

Engage with the landlord to conduct an inspection of the premises and together complete a condition report;

Engage with the landlord to conduct a special reading of the water and electricity meters;

Ensures that he/she clears all rent and bills due up to the date of moving out;

Ensures to clean the premises thoroughly, remove all rubbish and return the premises in the same condition as it was taken or in a tenable state;

Meet with landlord to discuss refund of bond and assist in documenting what has been agreed and obtain a copy thereof;

Remove all his/her belongings from the premises;

Hand over all the keys in the presence of a credible witness and document the exchange with the landlord’s signature of acceptance or if the landlord refuses to sign, get the witness to certify the exchange;

Exit the premises in peace.

Landlord’s or agents responsibilities at the end of a tenancy?

Organise the conduct of an inspection of the premises with the tenant and together complete a condition report;

Organise a special reading of the water and electricity meters with the relevant authorities and ensure the tenant is present during the exercise;

Ensure that the findings of the inspection and special reading is properly documented, quantified and properly endorsed by both parties and the officers from the utility authorities;

Receive payment of all dues from the tenant and issue proper receipts;

Receive all keys from the tenant and acknowledge the exchange document from the tenant; Hand over all keys issued to the landlord or agent before leaving the premises;

Important issues for landlord and tenant including their agents to note:

Both parties must exercise fairness and reasonableness in the consideration of dues and claims relating to the tenancy;

To resolve all claims and dues amicably or through proper legal means;

To end the tenancy through the proper processes prescribed by law and not to resort to the use of illegal or unfair tactics such disconnections of utilities, harassments, threats, intimidation or lock-outs to force a tenant out of a property;

The parties must ensure that they part in good terms and leave all issues behind them and move forward;

Seek private legal counsel or guidance from the Commission for any uncertainty that may arise during the tenancy ending process;

Keep all records relating to the tenancy properly for a period of up to three (3) years from the date the document originated or as required in other laws of Fiji.