Whether you’re a landlord or tenant, It’s vital you understand the kind of termination you are proceeding with and apply the appropriate notice periods required by New South Wales law. Read on to learn more.

When it comes to ending a tenancy, whether you’re a tenant or a landlord, there are a lot of rules to follow. It’s vital you understand the kind of termination you are proceeding with and apply the appropriate notice periods required by New South Wales law. Below is an explanation of the various amounts of notice needed:

 

A Tenant Ending a Tenancy

At the end of a fixed term…

If you have signed a lease for a fixed period of time e.g. 6 months or a year and would like to end your tenancy when that period comes to an end, you must give at least 14 days’ notice before the end date. This notice must be given by the final day of the fixed term at the very latest. For example, if your lease ends on the 18th of April then you must notify your landlord/agent that you intend to move out, no later than the 18th of April. 

 

Ending a periodic lease without grounds…

Because there is no set end date for a periodic lease you can terminate the agreement at any time but must give at least 21 days’ notice.

 

A Landlord or Agent Ending a Tenancy

Due to rent arrears…

A non-payment termination notice can be issued to a tenant if their rent payments are overdue by 14 days or more. Upon receiving the termination notice, the tenant then has 14 days to leave the property.

 

Due to a breach of contract…

Upon receiving a termination notice due to a general breach, the tenant has 14 days to leave the property.

 

Due to Premises being Sold…

In the case of a periodic tenancy agreement which has no official end date, the tenant has 30 days to move out.

 

In the case of a fixed-term tenancy agreement which hasn’t expired, the tenancy continues.

 

Due to the End of the Fixed Term Agreement…

The landlord or agent must notify the tenant at least 30 days before the end date on the agreement.

 

Termination without Grounds…

A termination without grounds can only take place in the case of a periodic agreement as there is no agreed-upon end date. In this case, the landlord or agent must give the tenant at least 90 days’ notice.
 

Notice of Rent Increase

In the case of both a fixed term agreement and a periodic lease, the tenant must be given at least 60 days of notice before rental rates are increased.
 

How to Issue a Termination Notice

When a Landlord issues a termination notice to a tenant, it must:

• Be in writing
• Be signed and dated by themselves or their agent
• Be addressed clearly to the tenant(s)
• Clearly state the date the tenant must vacate by
• If applicable, give the reason for termination

 

At Heimat, we specialise in property management so we’re extremely well versed in the various policies and requirements involved when it comes to renting a property- whether you’re the landlord or the tenant. We have built our business around open and honest communication with both our landlords and tenants, and we’re always happy to answer any questions you may have. To learn more about our real estate services or get more advice, get in touch with us today!