The Breaking A Joint Lease Agreement is a crucial document used in New Zealand residential tenancy situations where one or more tenants wish to terminate their participation in a joint tenancy while others intend to continue the lease. This document is essential when flatmates or co-tenants need to modify their living arrangements, ensuring compliance with the Residential Tenancies Act 1986 and other relevant New Zealand legislation. It addresses key aspects such as financial obligations, bond arrangements, and property responsibilities, providing a clear framework for all parties involved. The agreement is particularly relevant in shared living situations, student housing, and other multi-tenant arrangements where individual circumstances necessitate a change in the tenancy structure.
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1. Parties: Identifies all parties to the agreement including all joint tenants and the landlord/property manager
2. Background: Outlines the existing tenancy agreement details, property information, and reason for breaking the lease
3. Definitions: Defines key terms used throughout the agreement
4. Termination Details: Specifies the intended date of termination and notice period being given
5. Remaining Tenant Provisions: Addresses the status and obligations of any tenants who will remain in the property
6. Financial Settlement: Details the settlement of rent, bond, and any break fees or compensation
7. Property Condition: Outlines requirements for property condition upon departure and inspection arrangements
8. Key Return: Specifies arrangements for returning keys and security devices
9. Final Utilities and Services: Addresses the settlement of utility accounts and services connected to the property
10. Execution: Signature section for all parties to execute the agreement
1. Replacement Tenant: Include when a replacement tenant is being proposed to take over the departing tenant's share
2. Bond Transfer: Include when there are specific arrangements for transferring bond to remaining or replacement tenants
3. Fixed Term Break Fee: Include when the lease being broken is a fixed-term tenancy requiring break fee payment
4. Subletting Provisions: Include when temporary subletting is being considered instead of permanent lease breaking
5. Domestic Violence Provisions: Include when the lease break is due to domestic violence situations, incorporating specific protections under NZ law
1. Schedule 1: Property Inspection Report: Current property condition report and inspection checklist
2. Schedule 2: Financial Statement: Detailed breakdown of all financial settlements including rent, bond, and any fees
3. Schedule 3: Original Tenancy Agreement: Copy of the original joint tenancy agreement being terminated
4. Appendix A: Notice of Termination: Formal notice of termination as required under the Residential Tenancies Act
5. Appendix B: Consent Forms: Required consent forms from all parties including remaining tenants and landlord
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