Ending your relationship with a tenant or landlord? How to do it right.

Jhai Mitchell

It is a busy time of year ahead with many Tenants moving in the next couple of months which is common during this period. Here’s some information about ending the Tenancy for those interested. If your Property is managed by our company, we’ll take care of the processes involved, ensuring it is done correctly. Other property investors in Seven Hills NSW are welcome to contact us if you find you need management assistance.

Notice and Notice periods Written notice must be given by either landlord or tenant if a tenancy agreement is to be ended. The notice can be posted or given personally. A notice cannot be stuck to or put under a door by the person sending the notice.

In the last 14 days of the fixed-term period of the agreement, either party can give 14 days notice to end the tenancy. This notice can be served up to and including the last day of the fixed term. Once the fixed-term period has ended Tenants are required to give at least 21 days notice. The landlord or agent must give the Tenant at least 60 days notice.

If there is a breach of the tenancy agreement, a notice period of 14 days applies.

If the landlord wants to sell the premises, the Tenant may be asked to vacate the premises by the time the sale is finalised. The landlord must give the Tenant at least 30 days written notice (after the contracts of sale have been entered into provided the contract states Vacant Possession). This only applies after the fixed-term has ended.

Breaking the tenancy agreement early If Tenants want to end the tenancy agreement early they should give as much notice as possible, preferably in writing.

Breaking an agreement can cost the Tenant as the landlord can claim compensation for any loss suffered as a result of the ending of a tenancy agreement early, however the landlord has a right to mitigate the tenant loss.

Leaving the premises It is the Tenant’s responsibility to leave the premises as near as possible in the same condition, fair wear and tear excepted, as set out in the original condition report.

If you are unsure of some of the terms used in this arti­cle, click hear for a defin­i­tive guide on real estate definitions.