A periodic tenancy can last for an indefinite time. The agreement can be ended when proper notice is given by either party.
A fixed-term tenancy specifies in writing (with a start and finish date) the minimum length of time a tenant has agreed to stay in the property. When the fixed-term tenancy end date is reached and another fixed-term tenancy agreement has not been signed, the tenancy will automatically become a periodic tenancy. If no new conditions are agreed upon and put in writing, all conditions from the previous fixed-term agreement will continue to apply.
A tenancy agreement can be terminated by you (the landlord) or the tenant.
A standard termination notice must be in writing, state the address, be signed and dated, allow the required period of time, the date on which the tenant is requested to vacate (notice period starts from the day after notice is served) and state in detail any breaches (if any) or reasons for ending the agreement. Notice can be delivered personally (but not stuck to or put under a door) or through Post (an additional four working days should be added to ensure sufficient notice is given).
In the event a tenant does not vacate the premises following the required notice period an order from the tribunal must be obtained before possession can be taken. There are very heavy penalties for not obeying this part of the law.
When a fixed term tenancy agreement is due to run out either party can give notice (in writing) to end the tenancy.
A notice to vacate should contain the following:
- the date of serving the notice;
- the name of the tenant;
- the name of the owner;
- details of the premises;
- the reason for giving the notice; and
- the date on which the notice takes effect.
NSW: Landlords must give 30 days notice prior to the end of the fixed term date, Tenants however can give you 14 days notice. Once the fixed term period has ended a tenant is required to give you at least 21 days notice however as a Landlord you must give the tenant 90 days notice ‘without grounds’. Termination Notice
QLD: Landlords must give 2 months notice prior to the end of the fixed term date, Tenants however can give you 14 days notice. Once the fixed term period has ended a tenant is required to give you at 14 days notice however as a Landlord you must give the tenant 2 months notice ‘without grounds’. Notice to Leave (form 12)
VIC: Where a fixed term agreement of six months or more is to end 90 days notice is required prior to the end of the fixed term date. Once the fixed term period has ended a tenant is required to give you at least 28 days notice however as a Landlord you must give the tenant at least 120 days notice ‘without grounds’. Use a Notice to Vacate to Tenant/s of rented premises form.
WA: Once the fixed term period has ended a tenant is required to give you at least 21 days however as a Landlord you must give the tenant at least 60 days notice, you do not have to state reason. Use a Notice of Termination (form 1C)
NT: 14 days notice is required prior to the end of the fixed term date by you or the Tenant. Once the fixed term period has ended and a periodical agreement stands a tenant is required to give you at least 14 days notice however as a Landlord you must give the tenant at least 42 days notice ‘without grounds’. Use a Notice by Landlord to Terminate (form RT05).
TAS: 28 days notice is required prior to the end of the fixed term date. Once the fixed term period has ended a tenant is required to give you at least 14 days notice however as a Landlord you must give the tenant at least 28 days notice ‘without grounds’. Notice to Leave
SA: 90 days notice is required after a fixed term agreement has ceased. You can also give sixty days notice where you require possession of the premises for either:
- his or her own occupation or that of his or her immediate family
- major renovations or demolition
Once the fixed term period has ended a tenant is required to give you at least 21 days notice ‘without grounds’. Using a Notice of termination by Landlord (form 3)
Agreeing to end a Tenancy early
Should the tenant wish to end their tenancy early this can be allowed by you if it suits and should be put in writing. However should you not agree, the tenant is required to give the necessary notice stated above that is applicable to your state.
If a fixed term agreement is not terminated by either you or the tenant the agreement then becomes a periodic / continual agreement.