LEGISLATION

Notice to vacate in a periodic tenancy

The gist of the legislation

There are only three genuine reasons you can ask your tenant to vacate within a periodic tenancy.

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.

Reason 1: If you genuinely intend to sell the property. You need to provide 8 weeks’ notice for this reason.

2.

Reason 2: If you want to move into the property. You need to provide 8 weeks’ notice for this reason.

3.

Reason 3: If you want to renovate the property. You need to provide 12 weeks’ notice for this reason.

4.

You can issue a notice to vacate with no cause within a fixed term if the vacate date falls outside of the fixed term end date.

5.

The only other reason a tenant can be issued a notice to vacate is if they breach their contract. There are several breeches, and each have their own repercussions.

6.

If a tenant has been issued a notice to remedy due to a breach and not rectified the issue within 14 days of receiving it, or if they have already received 2 notice to remedies, on their 3rd they can be issued a notice to vacate even if they have addressed the previous issues.

  1. Make sure you take into consideration at least 7 days extra into the notice period you need to give to allow for posting of the notice to vacate letter (yes we legally have to send it via post), additional cleaning and relevant maintenance work.  
  1. Don’t expect the property to be in pristine condition, or in the same condition as when it was new. Wear and tear is bound to happen when you rent out your property.  
  1. Remember that tenants don’t have to sign another fixed term agreement. If you think one of these reasons will become relevant for you in the near future, a periodic tenancy might work best for you.  
  1. If you issue a notice to vacate for one of the 3 reasons above, make sure you follow though. If you don’t the tenant could take you to ACAT and claim moving, storage and other associated costs.