Sale of Premises - What if I want to move out when my home is put on the market?

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Fixed Term Agreement
Sale of the property is not a ground for a tenant to terminate a fixed term agreement. If you are in a fixed term tenancy, you are still bound by that term. Your only option is to try to negotiate a mutual termination, suggesting to the landlord that they may have a better chance at sale if they can advertise vacant possession. However, the landlord can simply refuse.
 

If you move out without the landlord’s consent to a termination, you will be breaking the agreement. You can apply to ACAT for a termination order if you have
grounds to terminate (see Tenancy Factsheet: Ending a Tenancy & Breaking a Lease).

Periodic Agreement
If you are in a periodic tenancy you are able to terminate by giving 3 weeks notice under Clause 88.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au