ARE YOU RENTING? New provisions for ending a fixed term tenancy apply now. Section 70A provides for the termination of a fixed term tenancy. To bring a fixed term tenancy to an end either the landlord or the tenant are required to provide 30 days notice. The landlord can provide this notice on REIWA form 311C. The tenant can provide this notice on REIWA form 321. If no notice is given prior to the expiry date of the fixed term tenancy then the tenancy will continue as a periodic tenancy. Section 70A allows for the notice to be given at any time up to, and including, the expiry date of the tenancy agreement. In this circumstance, the fixed term tenancy agreement will continue until the 30 day notice period expires. If both the tenant and the landlord provide different notices then the earlier of the two dates will apply. If the lessor’s period of notice extends beyond the expiry date, then the tenant can deliver up vacant possession at any time between the expiry date and the termination date on the notice. In such a scenario the tenancy is deemed to be at an end. For further information
Posted on: Fri, 09 Aug 2013 01:57:33 +0000
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