The Landlord can terminate the tenancy agreement under certain circumstances, including serious breaches by the tenant, or the expiry of the fixed term.
If you are a landlord and you want to end
the tenancy, it is important that you do so in the correct way by using the
Notice to Vacate form and giving the correct notice period as listed below.
If
the tenant believes that the termination by the landlord is invalid (i.e. it
does not fall into any of the legal categories listed below), then they can
challenge the termination at the Tribunal.
If they are successful, the Tribunal
may order that the agreement continue meaning the landlord’s termination does
not apply.
Terminating before the
tenant takes possession of the premises
The landlord can terminate the agreement immediately for any of
the following reasons if the tenant has not moved in yet:
· -the premises is unfit for human habitation
· -
the premises has been destroyed or has become unsafe
When can the Landlord
terminate the tenancy during?
Depending on the reason, the landlord may only be able to
terminate the tenancy after the end of the fixed term. However in some more
serious circumstances, the landlord may be able to terminate before the end of
the fixed term.
Termination after the end
of a fixed term
The landlord can terminate a fixed term tenancy after the
end of the fixed term in the following circumstances: (This section also
applies to periodic tenancies)
1.
End of
Fixed Term Tenancy: 60-120 days notice - the landlord can
terminate a fixed term tenancy on the date that is the end of the fixed term.
The minimum notice depends on how long their fixed term is. If the fixed term
is 6+ months, then the minimum notice period is at least 90 days. If the
fixed term is less than 6 months, then the minimum notice period is at least
60 days. If the landlord wishes to terminate the tenancy after the end of
the fixed term and there is no specific reason for termination, then they must
give the tenant at least 120 days notice. If the landlord terminates the
agreement before the end of the fixed term without any legal
justification, they may be liable to compensate the tenant.
2. Terminating
a Periodic Tenancy: 120 days notice - the landlord can
terminate a periodic tenancy at any time. If the landlord has no specific
reason for termination, then they must give the tenant at least 120 days
notice of termination.
3. Premises
to be Sold: 60 days notice - if the premises is going to be sold or has
been sold, the landlord can terminate the agreement. If it is a fixed term
tenancy, the termination date must be after the end of the fixed term. The
landlord must give the tenant at least 60 days notice of termination.
The landlord must inform the buyer of the property that the tenants will
continue to occupy the premises until the end of the lease or the end of the
notice period. The landlord is not allowed to rent out the premises to another
tenant for 6 months after giving the current tenant the notice.
4. Landlord
intends to Conduct Repairs/Renovations: 60 days notice - the
landlord can terminate the tenancy if they intend to conduct
repairs/renovations/reconstruction to the premises immediately after the tenant
moves out and they have obtained all the necessary permits or consents from
council or other government bodies to conduct the work. It must be necessary
for the tenant to move out for the work to be completed properly. If it is a
fixed term tenancy, the termination date must be after the end of the
fixed term. The landlord must give the tenant at least 60 days notice of
termination.
5.
Landlord’s
Place of Residence: 14 days notice - the tenant can
terminate a fixed term tenancy at the end of the fixed term or later if the
tenancy agreement states that the rented premises was the landlord’s residence
before the tenancy and that the landlord intends to resume occupancy after the
tenancy. The landlord must give the tenant at least 14 days notice of
termination.
6. Landlord’s
Family to Use Premises: 60 days notice - the landlord can
terminate the tenancy if the landlord, a member of the landlord’s family, or a
dependent of the landlord, is going to occupy the premises after the tenancy.
If the agreement is a fixed term tenancy, then the termination date must be afterthe end of the fixed term. The landlord must give the tenant at least 60
days notice of termination.
7. Demolition
of Premises: 60 days notice - the landlord can terminate the tenancy if
the rented premises is going to be demolished and the landlord has obtained all
of the necessary permits and consents from government bodies. If the agreement
is for a fixed term, the termination date must be after the end of the
fixed term. The landlord must give the tenant at least 60 days notice of
termination. The landlord is not allowed to rent out the premises to another
tenant for 6 months after giving the current tenant the notice.
8. Premises
to be Used for Business Purposes: 60 days notice - the
landlord can terminate the agreement if the premises are going to be used for a
non-residential purpose immediately after the tenancy, such as for a business.
If the agreement is for a fixed term, the termination date must be afterthe end of the fixed term. The landlord must give the tenant at least 60
days notice of termination.
Termination at any time
during the tenancy
The landlord can terminate a tenancy at any time, before or
after the end of a fixed term, for the following reasons: (This section also
applies to periodic tenancies)
1. 3
Successive Breaches by Tenant: 14 days notice - the landlord can
terminate the agreement at any time by giving at least 14 days notice if
the following 2 conditions are met:
1. The
tenant has breached any of the following obligations 3 times (the tenant must
breach the same obligation 3 times):
§ DDuty to
not cause a nuisance, or cause interference with the reasonable peace, comfort
or privacy of any neighbours
§ DDuty to
take case to avoid damaging the rented premises, and duty to take reasonable
care to avoid damaging the common areas
§ DDuty to
keep the rented premises reasonably clean
Only install fixtures or make alterations only with the landlord’s consent, and
to remove any fixtures at the end of the tenancy
Duty to
allow the landlord or landlord’s agent to enter the premises if they are
entering legally
2. On the
first two occasions that the tenant breached the obligation, the landlord must
have given the tenant a Breach of Duty Notice (see the Rights and
Obligations during Tenancy page for more information about breaches).
2. Tenant
does not Comply with Tribunal Order: 14 days notice - if
the Tribunal makes an order applying to the tenant but the tenant does not
comply with it, then the landlord can terminate the tenancy at any time. The
landlord must give the tenant at least 14 days notice of termination.
Examples of orders by the Tribunal include: pay the landlord compensation, fix
a breach of the tenancy agreement, or refrain from behaviour that breaches the
agreement.
3. Tenant
Fails to Pay Rent: 14 days notice - if rent becomes 14
or more day overdue, the landlord can terminate the agreement at any time.
The landlord must give the landlord at least 14 days notice of
termination.
4. Tenant
Fails to Pay Bond: 14 days notice - if the tenant does not
pay the rental bond as required by the tenancy agreement, then the landlord can
terminate the agreement at any time. The landlord must give the tenant at least14 days notice of termination.
5. Tenant
Sub-lets without the Landlord’s consent: 14 days notice - the
landlord can terminate the tenancy any time if the tenant sub-lets the whole
premises or part of the premises without the landlord’s consent. The landlord
must give the tenant at least 14 days notice of termination.
6. Tenant
Maliciously Damages the Premises: immediate notice - the
landlord can terminate the tenancy at any time if the tenant, or the tenant’s
visitor, maliciously damage the rented premises or any common areas. The
landlord’s notice can be immediate, i.e. terminating the tenancy straight away
meaning the tenant must move out as soon as possible.
7. Premises
Unsafe, Destroyed, Not fit for Habitation: immediate notice - the
landlord can terminate the tenancy at any time if the premises is destroyed,
becomes unsafe, or is not fit for human habitation. The landlord’s notice can
be immediate, i.e. terminating the tenancy straight away meaning the tenant
must move out as soon as possible.
8. Tenant
Endangers Neighbours: immediate notice - the landlord can
terminate the tenancy at any time if the tenant, or the tenant’s visitor,
endangers the safety of any neighbours of the rented premises. The landlord’s
notice can be immediate, i.e. terminating the tenancy straight away meaning the
tenant must move out as soon as possible.
9. Tenant
uses Premises for Illegal Purpose: 14 days notice - the
landlord can terminate the agreement at any time if the tenant uses the
premises for an illegal activity, such as illicit drug manufacturing or
distribution. The landlord must give the tenant at least 14 days noticeof termination.
10.Child
Resident in Breach of Term: 14 days notice - if the tenancy
agreement has a term that prohibits a child (person 16 years old or younger)
from living at the premises, and the tenant breaches that term, then the
landlord can terminate the agreement at any time. The landlord must give the
tenant at least 14 days notice of termination.
Source: https://flatmates.com.au/info/vic-landlord-termination
Jason Gwerder
Tuesday, 9 April 2019
