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Being a Landlord – Notice Periods to Note

When it comes to being a landlord, navigating notice periods can be daunting. It can be overwhelming to keep track of it all with various notice periods to keep in mind for different scenarios. That’s why we’ve compiled a summary of all the notice periods you need to know. While you don’t need to memorise them, it’s helpful to understand the timeframes involved, whether you’re looking to increase rent, schedule a routine property visit, or terminate an agreement with your tenant. Knowing how much notice your tenant needs to provide before leaving can help you plan and avoid surprises.

Let’s go through the main notice periods you need to be aware of:
Lease Termination Notice

When either the landlord or the tenant wishes to end a lease, it is referred to as a termination of the agreement. Typically, this is accomplished by providing notice to the other party, and the tenant must vacate the property by the specified date outlined in the termination notice.

Reason for termination Lease Term Minimum notice landlord must give Minimum notice tenant must give
End of fixed term Fixed 30 days 14 days
End of periodic term Periodic 90 days 21 days
Landlord has sold property Fixed Cannot terminate lease
Landlord has sold property Periodic 30 days 21 days
Breach of agreement Either 14 days 14 days
Tenant or other occupant using the property illegally Either Apply to tribunal Apply to tribunal
Property destroyed, uninhabitable, unusable or is compulsorily acquired Either None None

More information on terminating tenancy: LINK 

Rent Increase Notice

Rent can only be increased during a periodic tenancy with 60 day notice and only once in a 12 month period.

• Landlord can increase rent once per 12-month period
• Landlord must give minimum of 60 days’ notice
• The increase must be up to market and justifiable – however, there is no cap on the increase.
• If the tenant’s lease is fixed – the landlord cannot increase the rent.
• The landlord can demonstrate that the proposed rent increase is justified by factors such as renovations, improvements to the property, and market changes.

More on rent increases: LINK

Reason Notice required
Rent Increase during periodic tenancy 60 days

Accessing your rental property

When renting a property, tenants are entitled to peace, comfort, and privacy. According to the law, there are limitations on when and how often the landlord, agents, or their representatives may enter the rented property. Generally, a landlord, agent, or representative may only enter the property with the tenant’s consent and must provide the tenant with prior notice. However, tenants always have the option to grant the landlord or agent access to the property at any time and for any reason.

Reason Notice required
To inspect the property
(routine inspection)
At least 7 days’ written notice each time
(up to 4 times in a 12 month period)
To carry out or assess the need for necessary repairs or maintenance 2 days notice each time
To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet) None
To repair or replace a smoke alarm 1 hour notice
To obtain a property valuation At least 7 days notice each time
(once in a 12 month period)
To show a prospective tenant (in the last 14 days before the tenancy is due to end) Reasonable notice each time
To show the property to prospective buyers 14 days’ written notice before the first inspection.
After this, 2 inspections weekly with 48 hours’ notice each time

More information can be found at: LINK

In conclusion, as a landlord, understanding the various notice periods is crucial to maintaining a successful tenancy. Whether you are terminating a lease, increasing rent, or accessing your rental property, it is important to provide your tenant with proper notice to avoid disputes or surprises. While it may seem daunting to keep track of all the different timeframes, being aware of them can help you plan ahead and ensure a smooth transition. By following the guidelines and regulations outlined in the law, you can maintain a positive relationship with your tenants and avoid any legal complications down the line.

AUTHOR

Teejay Seo
If you would like an obligation free investment health check please contact
Teejay Seo on 0401 295 604 or email [email protected]

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