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Don't get caught out when terminating fixed term tenancies

By Tara Hurley - 4 Dec 2012

Picture this: A tenant is subject to a fixed term tenancy. The term expires on 1 December. The tenant should be gone by 1 December right? Not so fast... This is where the plot thickens.

Under a fixed term tenancy for a period of more than 90 days, one or both parties must give notice to the other prior to the end of the fixed term that they do not wish for the tenancy arrangement to continue after the expiry date. If notice is not given, then the fixed term tenancy will automatically roll over onto a periodic tenancy, which is otherwise on the same terms and conditions. Once it becomes a periodic tenancy, the standard provisions apply in respect to giving notice to a tenant to vacate. This means that a Landlord could be faced with a situation where he or she needs to give a further 90 days' notice for a tenant to vacate after the expiry of the fixed term tenancy.

Moral of the story: If you are a party to a fixed term tenancy and you want the tenancy to terminate in line with the expiry date, then you will need to give notice. There are certain rules and timeframes you need to be aware of in respect to giving notice. We recommend you call Martelli McKegg for advice.


Tara Hurley



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