Notice to Leave

The amount of notice the lessor, agent or provider must give you will depend on the type of agreement you have and the reason you are being asked to leave.

Notice periods are listed in the table in this Tenancy Facts. It’s a good idea to check that you are given the correct amount of notice. To calculate the notice period, do not count the day you receive the notice, but do count the handover day.

For example, if you are given 2 weeks notice that your agreement will end on a Saturday, you must receive the notice on the Friday 2 weeks earlier. If the notice is sent by post the notice must include extra time to allow for postal delivery (usually 2 to 3 business days).

In residential tenancies if you do not move out by the handover day on a Notice to Leave, the lessor or agent can apply to the Tribunal for a termination order and a Warrant of Possession to remove you from the premises.

They must apply to the Tribunal within 2 weeks of the handover day. This is an urgent application so the matter may be listed for a hearing within a week or two.