End­ing a ten­ancy agree­ment

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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.

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