Change of tenant
When a tenant or tenants leave a tenancy early, changes can be made to the tenancy agreement, or the agreement can be transferred to a new tenant.
Variation of a tenancy agreement (change of tenant)
If a tenant leaves but the tenancy continues, the landlord and tenants may agree to remove or replace that tenant. This is a called a variation of the tenancy agreement.
The departing tenant must get written agreement from the landlord and all continuing tenants before the departing tenant can be removed from or replaced in the tenancy agreement.
The variation must:
- be in writing
- be signed by the landlord and all continuing tenants
- state the date change takes effect
The variation can be recorded within the tenancy agreement or separate document attached to it. The landlord must provide all tenants with a copy of the signed variation.
The landlord can specify reasonable conditions when giving consent, including recovery of reasonable costs incurred as part of the process. Any related costs must be clearly explained and supported by relevant documentation, such as invoices.
Updating bond details
If the departing tenant has contributed to the bond, arrangements for the refund of their share of the bond should be agreed between all tenants and the landlord before that tenant leaves.
The remaining or new tenant(s) have the option to pay for the departing tenant(s) their share of the bond. Alternatively, the departing tenant(s) could receive a bond refund, and the new tenant(s) could make a new bond payment.
Either option would require bond details to be updated by the landlord. in Bond Hub or in property management software.
Assignment of a tenancy agreement (transfer of an agreement)
An ‘assignment’ is the transfer of an existing tenancy agreement from departing tenant(s) to new tenant(s). This includes any conditions agreed to in the tenancy agreement by the landlord and existing tenants.
For example, a group of tenants may need to leave a fixed-term tenancy early and assign (transfer) their tenancy agreement to a new group of tenants. The new tenants take over the tenancy with the same rent amount, same conditions and same expiry date for the fixed-term tenancy.
Note: Boarding house tenancies cannot be assigned.
Getting consent for an assignment
Tenants must get the landlord's written consent before assigning a tenancy. It is unlawful for the tenant(s) to assign a tenancy without the landlord’s prior written consent.
Requesting an assignment
A tenant can make a written request to their landlord at any time to assign their tenancy to someone else. The request should include the contact details of the person(s) they want to take over the tenancy. Alternatively, the landlord can choose to find a replacement tenant(s) if they want to.
If the tenancy is for a sole tenant, they can request the assignment.
If the tenancy is shared by more than 1 tenant, 1 or all tenants can request the assignment. Assignment of a tenancy agreement means that the tenancy ends for all existing tenants unless the landlord agrees that some become tenants in the new tenancy agreement.
Request for assignment template [PDF, 62 KB]
Landlords must consider all requests for assignment
Landlords must consider all requests from tenants to assign the tenancy and must not decline a request unreasonably. This does not apply to a tenancy granted before 11 February 2021 if the tenancy agreement prohibits assignment.
When giving written consent, the landlord can include reasonable conditions for the assignment. Alternatively, if the landlord does not want to accept the assignment, they can allow the tenant to end the tenancy which is not seen as unreasonable.
Response to request for assignment template [PDF, 63 KB]
Landlords can charge the tenant for assignment expenses
Landlords are entitled to recover reasonable expenses that accrue during the assignment process. They must provide the tenant with a breakdown of the expenses and invoices for the costs incurred.
If the tenant finds their own replacement, the landlord may still be entitled to charge for any reasonable costs already incurred during the assignment process.
If there is disagreement over whether the costs are reasonable, either the landlord or tenant can apply to the Tenancy Tribunal to determine what costs should be paid.
The original tenant must pay what they owe
On the date the new tenant(s) takes over, the original tenant(s) is no longer responsible for the tenancy. They will remain liable for anything done or owed before that date.
Ending a periodic tenancy
The information above applies to both fixed-term and periodic tenancies. Tenants in a periodic tenancy can also choose to simply give notice to end the tenancy.
If there is more than 1 tenant named on the tenancy agreement, the landlord can take the notice from the 1 tenant as ending the tenancy for all of them.
If the other tenants want to stay, they should contact the landlord and reach an agreement about this.
Subletting
Sometimes the tenant(s) and landlord may agree that subletting is an appropriate option. This means that the tenant(s) moves out of the property and on-rents it to someone else. The tenancy agreement of the tenant(s) who moves out continues and they remain responsible to the landlord. They also become the landlord of the people who move into the property.
For this to happen, the tenancy agreement must allow for subletting and the tenants must get the landlord's written consent before subletting a tenancy. It is unlawful for tenant(s) to sublet, or part with possession of the property without the landlord’s prior written consent.
Last updated: 13 July 2026
