Termination of a periodic tenancy

< Back to list

In a periodic tenancy (after the fixed term of the tenancy has ended, or where there is no fixed term) there is additional scope for the landlord to terminate the tenancy. The landlord may terminate a periodic tenancy where there are grounds set out in cl 96, or by issuing a ‘no cause’ notice to vacate: cl 94.

Clause 96 STT – Termination with cause
Cl96 sets out the grounds for termination and the period of notice the landlord must give, as follows:

  • That the landlord or their immediate relative, or a person who has a close personal relationship, and a reasonable expectation that the landlord would provide them with accommodation, genuinely intends to live in the premises (cl 96(1)(a),(b) and (c)) [4 weeks notice];
  • That the landlord has a genuine intention to sell the premises (cl 96(1)(d)) [8 weeks notice]; or
  • That the landlord has a genuine intention to reconstruct, renovate or make major repairs that cannot reasonably be carried out with the tenant living in the premises (cl 96(1) (e)) [12 weeks notice].
     

A notice under cl 96 can only be issued when the tenancy is periodic. This means such a notice cannot be given to a tenant who is in a fixed term tenancy. However, such a notice can be served once the fixed term expires and the tenancy becomes periodic.
 

Clause 94 STT - Termination without cause
A landlord is able to terminate a tenancy without providing a cause. However, this may only occur where:

(a) 26 weeks notice is given; and (c) the notice does not require the tenant to vacate during a fixed term. A notice under cl 94 can be issued at any time (even
during a fixed term tenancy), as long as the date for vacation is after the fixed term has expired. Where cl94 or cl96 are used, the tenant may vacate at any time during the 2 weeks prior to the date for vacation on the landlord’s notice, as long as the tenant gives 4 days notice to the landlord (cl 95, cl 97).
Also, under cl88 the tenant can give their own 3 weeks written notice of intention to vacate at any time during a periodic tenancy.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au