The notice period that landlords and tenants must give to terminate a tenancy changed on 11 February 2021, and the notice period now depends on when a tenancy was granted, and the type of tenancy.
Fixed-term tenancies granted before 11 February 2021 A landlord or tenant must give the other party between 90 to 21 days’ notice prior to the fixed term ending if they want the terminate the tenancy on the expiry of the fixed-term. Neither the landlord nor tenant are required to give a reason. If neither party gives notice and the tenancy is not renewed or extended, then the tenancy will convert to a periodic tenancy.
Fixed-term tenancies granted on or after 11 February 2021 A tenant must give a minimum of 28 days’ notice prior to the fixed term if they want the tenancy to terminate on the end date of the fixed-term. A landlord must give notice in accordance with the termination grounds for periodic tenancies being a minimum of 90- or 63-days’ notice, depending on the grounds for termination. If neither party gives notice and the fixed term is not renewed or extended, then the tenancy will convert to a periodic tenancy.
Periodic tenancies A tenant must give a minimum of 28 days’ notice to terminate a periodic tenancy and a landlord must give a minimum of either 90- or 63-days’ notice, depending on the grounds for termination. A tenancy is granted when it is agreed, which is likely to be before the tenancy start date. If you are unsure what notice period you need to give to terminate your tenancy, speak to your Harcourts property manager.
These articles were featured in Renting with Harcourts , Issue 3 2021.