All you need to know about rental notice periods
If the landlord is happy for the tenant to stay on after the fixed term has expired and the tenant wishes to stay on, no notice is required. The tenancy continues on the same terms as a periodic agreement. This means the tenant continues leasing the property under the same terms and conditions of the lease agreement they originally signed.
Under no circumstances can you terminate a tenancy during the fixed term unless:
To terminate a tenancy the following notice periods must be given in writing:
Note: Termination Notices can be hand delivered to the mail box of the other party. This provides a speedy way to deliver the Notice instead of having to wait 4 business days for mail delivery. Whilst it is not legislatively required, it is recommended as best practice, that you confirm the delivery of any notice to a tenant's mailbox, with a text or email.
Breaking of a lease
If the tenant wants to end their tenancy agreement early, they should give as much notice as possible in writing giving the date they intend to leave and ask for the agent to help find a new tenant.
Under the Act, there are four specific situations when a tenant can break a fixed term lease without penalty. These include:
In these situations, the tenant can give 14 days' notice to end the tenancy and is not liable to pay any compensation or other amount to the landlord.
Under the new laws, parties to a tenancy agreement have the option of including a break fee in the lease. The break fee applies if the tenant breaks the lease before the end of the fixed term period. The exception to this is the four specific situations mentioned above.
The amount of the break-fee is set under the new laws:
If there is no break fee in the lease, the tenant would still be liable to compensate the landlord for any loss, which resulted from them breaking the lease early. For example, they may need to pay rent until the landlord or agent can find a new tenant.
Upon the death of a tenant, the tenancy can be terminated at any time by the tenant's executor, any other legal personal representative, or the landlord. In these situations the estate will only be liable to pay an occupation fee until vacant possession is given to the landlord. The occupation fee is an amount equivalent to the rent.
The amount of notice the landlord/agent must give to the tenant depends on the reason for entering the premises.
In addition to reasons below, the landlord/agent, can access the property at any time for any reason if the tenant consents, which may also include agreeing to a shorter period of notice.
|To inspect the premises (no more than four times per year)||At least 7 days written notice|
|To do ordinary repairs or carry out maintenance||At least 2 days notice|
|To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet||None|
|To comply with health and safety obligations, such as installing smoke alarms||At least 2 days notice|
|To obtain a property valuation (no more than once in 12 month period)||At least 7 days notice|
|To show a prospective tenant (only permitted in the last 14 days before the existing tenancy is due to end)||Reasonable notice on each occasion|
|In an emergency||None|
|If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants||None|
|If you reasonably believe the premises have been abandoned||None|
|To show the premises to prospective buyers||2 weeks written notice before first inspection. Subsequent inspections as agreed with the tenant or, if there is nothing agreed, no more than 2 inspections per week, with 48 hours notice each time|
|In accordance with a NSW Civil and Administrative Tribunal order||As determined by the Tribunal|