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  • Property Law - Termination of Tenancy Agreements and Your Rights As A Tenant

Property Law - Termination of Tenancy Agreements and Your Rights As A Tenant

Date: September 25, 2008

Authors: LAC Lawyers

If your landlord wishes to end a tenancy agreement with you, your landlord is bound by the Residential Tenancies Act 1987 and the Residential Tenancies Regulation 2006.

There are two types of Agreements:-

  1. A fixed term agreement (for a specific time. eg. 6 months);
  2. A continuing agreement (if the fixed-term has expired, or if there is no fixed term).
If your landlord wishes to end the tenancy agreement, your landlord must serve a correct notice of termination on you which specifies a date on which you must leave. It depends on your tenancy agreement as to how much notice you must be given.
Fixed term:
  • End of term                 14 days
  • Breach of agreement 14 days
Continuing agreement:
  • No reason                   60 days
  • Breach of agreement 14 days
  • Sale of premises         30 days

If a notice of termination is posted to you an extra four working days must be given.

If you have not vacated by the date in the termination notice your landlord may apply to the Consumer, Trader and Tenancy Tribunal for ‘termination and vacant possession’ orders. If the Tribunal decides to terminate your tenancy, it will give a date for vacant possession which is usually within 5–28 days.

The landlord is entitled to take possession of the premises in accordance with a Tribunal order. If you are still in the premises the landlord only needs the Tribunal to provide a ‘warrant of possession’. The Sheriff is the only person that can remove you from the premises with a ‘warrant of possession’.

If the landlord takes you to the Tribunal, you should get advice from a solicitor before you go to any Tribunal hearing.

If you are still in the fixed term of your agreement, you cannot be evicted just because the premises are being sold. However, if you are on a continuing agreement, and contracts have been exchanged (between your current landlord and a new owner) which ask for ‘vacant possession’, your current landlord can give a 30-day written termination notice.

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Date: July 05, 2007
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LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.

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Things are already going pretty badly for you. Instead of fulfilling your dreams, your building work has turned out to be a nightmare. So of course, you want to know if there’s some way you can get it fixed. In New South Wales, the Home Building Act sets out a dispute resolution procedure to get the builder to rectify any defective work. If the builder won’t co-operate, then you can make a claim to your home warranty insurer.

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