Notice to Vacate

As many of you will have experienced, moving house can be very stressful. We are here to make sure the process is easy for you and to put your mind at rest. Here are some questions that are often asked.

 

How much notice do I need to give to end the tenancy?

The period of notice depends on whether the term of your tenancy is a fixed-term or periodic tenancy.  You will find this information in your Tenancy Agreement, or please contact your Property Manager for this information.

Moving out before my fixed-term tenancy expires?

A fixed-term tenancy automatically becomes a periodic tenancy on expiry of the fixed term, unless either party gives notice they do not want that to happen. This notice must be given no sooner than 90 days before the end of the tenancy and no later than 21 days before the end of the tenancy.

If there is a provision in the tenancy agreement for a right to renew, or to extend the tenancy and the tenant wants to take that up, the tenant must write to the landlord advising them at least 21 days before the fixed-term tenancy is due to end.

A fixed-term tenancy cannot be terminated before the terSave m is complete without the agreement of both parties.

Moving out before my periodic notice tenancy expires?

Generally, a tenant must give a landlord at least 21 days’ written notice when they want to end the tenancy. A landlord may allow a tenant to give shorter notice. This should be stated in writing.

Generally, a landlord must give a tenant at least three months’ (90 days’) written notice to end the tenancy. However, there are some circumstances where the landlord is not required to give as long a notice period.

If the owner of the property or a member of the owner’s family requires the property to live in, or there is an agreement to sell and the buyer wants the property empty, then the notice period is 42 days.

If a landlord regularly uses, or has purchased, the property for their employees to live in, 42 days’ notice applies. However, the tenancy agreement must clearly state that the property is generally used for this purpose.

If 42 days’ notice is given, the landlord must include the reason in the notice to end the tenancy.

If a landlord gives a tenant notice to end the tenancy, then the tenant is entitled to continue possession of the property until the termination date. However, if the tenant chooses to move out sooner than that date, then they must still give 21 days’ written notice to the landlord. Sometimes a landlord will not mind the tenant leaving earlier but this must be agreed between them in writing.

Coming to the end of your fixed-term tenancy and not sure what to do from here?

We will contact you and see if you want to renew your tenancy or if you are ready to move on. If you would like to renew, we then liaise with both you and the property owner to see whether this will work for both parties. If you are moving on we will take care of this and organise the final inspection.

Getting a new flat mate during the term of my tenancy?

You new flat mate will be required to complete an application form and also supply references that meet our approval. We will need to add them to both the tenancy agreement and the bond form. As the departing flat mate will also require their bond back, you will need to arrange this and there is a charge for this transfer. Please contact your property manager before your new flat mate moves in and for any other information you require.

 

Your final inspection

When you have completely finished moving all your belongings and the property is cleaned and the keys have been handed back, your property manager will then complete the final property inspection and will contact you after this if there is anything to discuss. At this stage you may be asked to complete additional cleaning or garden work that is required to our satisfaction before we return your bond.

Property viewings

If you have given notice to vacate the property we ask that you will give us access to show prospective tenants around. Of course we will always give you notice and arrange a time to suit you. A property manager will always attend any viewings to show prospective tenants around the property.


Add Another
Yes

I/We wish to break our fixed term tenancy agreement and we understand and accept the following changes and conditions apply:

  • Payment fo rent as per our tenancy agreement (as normal) until a tenant approved by the landlord takes possession, or the tenancy expired (whichever occurs first).
  • Tenancy break fee ($350 covers administrative processing), plus advertising costs (to a maximum of $250) to re-let property & cost of credit checks to secure a new tenant.
  • I/We understand it is my/our responsibility to ensure the grounds and gardens are maintained for his period, whether the property is vacant or not before a new tenant is secured.
Yes

I/We give 21 days notice to vacate the property.

Yes

I/We give 21 days notice to vacate the property at the expiry of our current fixed term agreement.

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