Ending a Residential Tenancy – from the Landlord’s perspective

There are strict rules that apply when a Landlord wants to bring a residential tenancy to an end.

A termination notice must be provided to the tenant. This notice must be in writing, addressed to the tenant, signed and dated by you or your managing agent, provide the date the tenancy is to be terminated and the tenant needs to vacate and in some circumstances provide the reason for the notice.

In some circumstances there is no minimum notice period for the tenant – for example if the tenant dies, the property becomes uninhabitable or is destroyed, is being compulsorily acquired (for example by Council) or is not legally usable as a residence.

In most circumstances minimum notice periods apply to terminate a tenancy, depending on the situation:

If the fixed term has expired and the tenant has continued on – 90 days

If the property has been sold as vacant possession, and the fixed term has expired – 30 days

If the fixed term is coming to an end – 30 days

If the tenant has breached the tenancy agreement or is more than 14 days in rent arrears – 14 days

It is important to note that once a tenant has been given notice they can move out at any time without giving you notice. The tenant will only need to pay rent until they vacate the property, unless they are still under a fixed term agreement whereby they will need to pay rent until the end of the fixed term.

A second notice on different grounds may be given to a tenant if necessary, for example if the tenant has been given notice to end the fixed term but then doesn’t continue to pay rent.

Different rules apply for Commercial, Industrial and Retail leases.

Confused about your rights as a Landlord? Contact the team at Everingham Solomons because Helping You is Our Business.