LEGISLATION

No cause notice to vacate notice period

The gist of the legislation

The current 26 weeks' notice for your tenant to vacate with no cause will be abolished in 2023.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

If you want a tenant to vacate your property but they have not breached their tenancy agreement you are currently required to give them 26 weeks notice to vacate. If a fixed term agreement is in place, the vacate date must fall outside of the fixed term.

2.

The 26 week no cause notice legislation will be abolished, most likely before the 2022/23 financial.

3.

The change aims to give Canberrans more security when renting a home. The ACT will be the first jurisdiction in Australia to remove all forms of tenancy termination without a cause.

4.

The change in legislation will mean that as a landlord you won’t be able to ask a tenant to vacate for no reason.

5.

If a tenant breaches the agreement, they are usually provided 14 days notice to vacate after the notice to remedy has been provided. Although the timeframes depend on the type of breach.

6.

There are three genuine reasons outside of a breach when you can request a tenant to vacate. If you genuinely intend to sell the property 2) If you want to move into the property. 3) If you want to renovate the property. Read more here.

  1. If you have any concerns about your tenant, but they have not breached their tenancy agreement, talk to your property manager to consider issuing a notice to vacate before the change to the legislation is implemented.
  2. Work with your tenant to get mutually beneficial outcomes so you won't want your tenant to leave. This means things like responding in a timely manner to maintenance issues and requests, being reasonable when it comes to rent reviews and negotiating with them to get a win-win outcome. If you look after them, they'll look after your property.