If you want the tenant to vacate you must give them a termination notice.
The notice must:
• be in writing
• be signed and dated by you or your agent
• be properly addressed to the tenant
• give the day on which the residential tenancy agreement is terminated and by which the tenant is required to vacate
• where appropriate, give the grounds/reason for the notice.
You can write your own notice or use the model termination notice provided by Fair Trading.
The minimum period of notice you can give the tenant to vacate is:
• 14 days – if the tenant is 14 days or more behind with the rent or has committed some other breach of the tenancy agreement
• 30 days – if the fixed term of the agreement is due to end
• 30 days – if the premises have been sold after the fixed term has ended and vacant possession is required by the buyer under the terms of the sale contract
• 90 days – if the fixed term period has expired and no new agreement has been signed.
These notice periods are designed to give tenants reasonable time to find another rental property.
If they can find a property sooner they can move out at any time without having to give you any formal notice
Except where notice has been given for the end of the fixed term, the tenant's responsibility to pay rent ends from the date they hand back possession, not the end of the notice.
There is no minimum notice period required if notice is given on the grounds of:
• the premises being destroyed or wholly or partly uninhabitable
• ceasing to be legally usable as a residence
• being acquired by compulsory process (eg. by the RTA)
• on the death of the sole tenant.
After you issue a notice you can issue another notice on a different ground if necessary.
For example, if you issue 90 days notice to terminate a periodic tenancy without a reason, and the tenant then doesn't pay rent for 14 days, you can issue a non-payment of rent notice.
RealRenta Landlords have the advantage of automatically
date and time-stamped interactions with their tenants.
RealRenta creates a file for each tenancy, where landlords and
tenants can upload documents, agreements, photos and videos onto the platform,
to form part of the file.
Landlords can advise tenants of inspections and tenants can
request maintenance via the platform and RealRenta is always
free for your tenants.
Saturday, 25 January 2020