Most tenancy agreements are usually six-monthly or annually based on the agreement between a tenant and landlord. But a landlord can terminate a tenancy agreement legally when tenants breach agreed-upon terms. Landlords may choose to terminate tenancy contracts early for any of these reasons:
The tenant fails to pay the rent on time.
The tenant causes serious damage to the property.
A termination order is issued to specify the date when the tenancy ends. The tenant must leave the premises at this time. Giving an early termination notice to your tenants is certainly possible, provided you follow local NSW rules and regulations to ensure you remain within the purview of the law. Follow this guide to help you understand more about giving termination notices to your tenants without violating any laws.
Termination Without Grounds
Once a tenant and landlord stipulate a specific term for the tenancy, then it is established as a fixed term tenancy. The commencement and conclusion date are usually written clearly to avoid discrepancies in the future. Most leases are stipulated for fixed terms – during which a landlord cannot issue an early termination notice without sufficient grounds. If the landlord wishes to terminate the agreement after the fixed term ends, he/she must issue a termination notice 30 days before its end. If the agreement isn’t terminated, it becomes a periodic tenancy. They generally go from one month to the next. The landlord can terminate this periodic tenancy by giving 90 days notice or by using the tribunal. Generally, termination without grounds is more amicable where the landlord or tenant doesn’t want to extend the contract for specific reasons. For instance, if the tenant moves to another suburb or if the landlord doesn’t want to continue to lease the property.
Termination For Breach Of Agreement
If the tenant breaches any of the terms and conditions stated in the tenancy agreement, then the landlord is entitled to terminating the lease early under this statute in NSW. The landlord can give the tenants a 14-day termination notice if they breach the tenancy agreement. If the tenant fails to follow the termination notice, the landlord can apply for a termination order. If the tenants can prove that they have taken steps to fix the problem, then the tribunal may choose not to terminate the tenancy agreement. Failure to pay rent on time will result in a non-payment termination notice. Tenants should owe rent for at least 14 days before this type of notice can be presented to them.
Termination For Sale Of Premises
If the tenant is currently in a fixed-term agreement, the landlord cannot terminate the agreement for sale of the premises within this time. If the agreement is a periodic one, then the landlord has the right to issue a 30-day termination notice, if the buyer is looking for vacant possession. If you are facing financial hardship that will continue with the tenancy, then you may apply to the Tribunal for a termination order. But you may have to compensate the tenant for any losses. Understanding the local laws regarding tenancy termination in NSW will prevent landlords from violating any local rules and regulations.