Tasmania Termination by Landlord

The landlord can only terminate the tenancy agreement under certain circumstances, which are listed below. Landlords should ensure they use the correct notice and abide by the minimum notice periods.

Depending on the reason and circumstances, there are two different ways that the tenancy can be terminated: giving a notice to the tenant, or applying directly to the Court. Read this section to see which way applies to your situation.

Termination by giving notice to vacate to tenant

The landlord can terminate the agreement under the following circumstances by giving the tenant a Notice to Vacate. If the tenant receives a notice to vacate, they have two options:

1. The tenant can accept the termination notice and move out by the required date, or
2. Dispute the termination by rectifying the problem (if possible) and/or applying to the Court.

Tenant has breached the tenancy agreement: 14 days notice
The landlord can give the tenant a notice to vacate if the tenant has breached the tenancy agreement or failed to comply with one of the provisions of the agreement. The landlord must give the tenant at least 14 days notice of termination. The landlord can terminate for this reason even if a fixed term has not expired.

If the tenant fixes the breach and/or complies with the provision within the notice period, then the agreement will not be terminated. If however the tenant does not fix the breach or continues to not comply with the provision, then the agreement will terminate on the date specified in the notice to vacate.

If the tenant does fix the breach or complies with the provision within the notice period, they should notify the landlord as soon as possible.

Tenant fails to pay rent: 14 days notice
The landlord can give the tenant a notice to vacate if the tenant has not paid rent. The landlord must give the tenant at least 14 days notice of termination. The landlord can terminate for this reason even if a fixed term has not expired.

If the tenant pays all of the overdue rent before the end of the notice period, then the agreement will not be terminated. If however the tenant does not pay the overdue rent within the notice period, the agreement will terminate on the date specified in the notice to vacate.

Note: if the tenant has already been given a notice to vacate for failure to pay rent twice in the previous 12 months, then the agreement will be terminated regardless of whether the tenant pays the overdue rent by the date specified in the notice to vacate.

Periodic Agreement: 42 days notice
The landlord can give the tenant a notice to vacate for any of the following reasons if the agreement is for a periodic tenancy. A periodic tenancy is an agreement without a fixed term. If a fixed term tenancy continues after the end of the fixed term, it also becomes a periodic tenancy. The landlord must give the tenant at least 42 days notice of termination.

• Premises to be sold—the landlord can terminate if the premises is going to be sold. The landlord must provide written proof to the tenant of an agreement to sell when they give the notice to vacate. Proof could include a copy of the contract for sale of the property.
• Premises to be used for non-residential purpose—the landlord can terminate if the premises will be used for a non-residential purpose, for example it will be used for business or commercial activities.
• Significant renovations planned for premises—the landlord can terminate if there are going to be ‘significant renovations’ performed at the premises. ‘Significant renovations’ include any work that would either make the premises unfit for occupation or would risk the health/safety of anyone if the tenant stayed while the renovations were carried out.
• Premises to be used by family member of owner—the landlord (owner) can terminate if a family member is going to use the premises as a residence. A family member is any of the following in relation to the owner: domestic partner, son, daughter, parent, parent or domestic partner, any dependent who normally lives with the owner.

Fixed Term Tenancy expires within 60 days: 42 days notice
The landlord can give the tenant a notice to vacate if the fixed term will expire within the next 60 days. The landlord must give the tenant at least 42 days notice of termination. The day of termination cannot be before the end of the fixed term.

Tenant has created a substantial nuisance: 14 days notice
The landlord can give the tenant a notice to vacate if the tenant has created a substantial nuisance. The landlord must give the tenant at least 14 days notice of termination. A substantial nuisance is any significant interference or disruption with another person’s use of their premises. This can include: loud noises, unpleasant smells, excessive light, anti-social behaviour, etc.

Property being sold by bank to recover debt: 60 days notice
The landlord can give the tenant a notice to vacate if the property is being sold by a lending institution (i.e. a bank) to pay a debt owed by the owner of the property. The landlord must give the tenant at least 60 days notice of termination.

Termination by applying directly to the Magistrates Court

Under the following circumstances, the landlord can only terminate by applying directly to the Magistrates Court for a termination order. Landlords must use Form RT02 to make an application. The landlord must also give a copy of the application to the tenant as soon as possible after applying to the Court.

Serious Damage to Rented Premises or Neighbouring Premises
The landlord can apply for a termination order if the rented premises or a neighbouring premises has been intentionally or recklessly damaged in a serious way by the tenant, or if the tenant allowed the damage to occur (even if another person caused the damage). This also applies to contents of the premises.

The landlord can also seek a termination order if they believe that serious damage is likely to occur in the future.

Physical Injury to Landlord or neighbour
The landlord can apply for a termination order if the tenant has physically injured the landlord or a neighbour. The landlord can also seek a termination order they believe the tenant is likely to cause an injury in the future.

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