Part 4

NOTICE PERIODS

* Many of the notice periods have now changed for when a landlord/agent or tenant can give notice to vacate the property.  We have taken the time to summarise the main changes.

Notice to tenant

  • If a tenancy has expired and the landlord requires possession for ‘no grounds’ the notice period has increased from 60 to 90 days.

(Under the former legislation there was uncertainty for landlords obtaining possession on a ‘no grounds’ notice. If a tenant does not vacate the Tribunial must terminate the agreement, unless a tenant can show that the notice was realiatory.)

  • If a landlord requires possession at the end of the fixed term, the notice period has increased from 14 to 30 days.

SERVICE OF NOTICES

* We now have a number of additional options (making it easier) for serving notices, such as being able to fax a copy to the tenant, including their business fax, or leaving a copy in the mailbox of the premises or their business address.

TENANT’S RIGHT TO VACATE AT ANY TIME BEFORE THE END OF A TERMINATION NOTICE ON A PERIODIC AGREEMENT

* Under the new legislation if a landlord/agent issues a termination notice to a tenant during a periodic agreement the tenant can vacate at any time after the notice has been issued, and is not liable to pay any rent once they give vacant possession of the premises.

The tenant is not bound to the end of the termination expiry date. This only applies to periodic agreements and not notices issued on a fixed term agreement.

As you can appreciate, this is going to be a logistical nightmare for our agency to manage with regards to our ability to secure a new tenant.

Example of termination notices that can be issued on a periodic agreement:

  • 14 days for a breach
  • 30 days for a sale of property
  • 90 days for no grounds

If we the agent give the tenant any of the above notices, the tenant can hand in the keys (say) three days after receiving the notice, and pay no further rent.

As an agent we now have no control over when the tenant will actually vacate when they are on a periodic agreement.

This may result in potential lost rental income, as we will not be able to advertise the availability date for a new tenant sooner than the termination date (being 14 or 30 or 90 days), or until the tenant actually gives vacant possession.