Rent

Giving Notice

NOTICE REQUIRED BY TENANTS AND LANDLORDS

How much notice must a tenant give when they want to vacate a property?

This depends on the type of lease they have signed. If they wish to vacate the property on a periodic tenancy, they are required to give only 21 days notice in writing.
If they are on a fixed term lease they can vacate at the end of lease. Notice to vacate must be given by either party within the period of 90 days from the end of the fixed term tenancy and 21 days from the end of the fixed term tenancy.
We will approach the tenant on your behalf to seek their intention to either renew the lease or vacate the property prior to the conclusion of a fixed term lease.
If a tenant breaks their lease, they may do so with little to no notice, however, they are liable for the rent until a new tenant is secured or to the end of the lease, whichever occurs first.

What happens to the tenancy if a landlord wishes to sell their property?

The landlord may sell the property at any time, however written notice must be given to the tenant of this intention.
Any fixed term lease in place is guaranteed to the tenant. This means that if a person buys the property with the intention of occupying it, they must wait until the tenancy is finished unless the current tenant agrees otherwise. In the case of a periodic tenancy the tenant must be given 42 days notice to vacate from the time that the sale contract becomes unconditional.

What if the landlord wants to move in or someone from the landlords family wants to move in?

Again, any fixed term lease is guaranteed unless the tenant agrees to move out.
In the case of a periodic tenancy 42 days notice is required. Please note that the Tenancy Tribunal has held that a Family Trust or a company cannot have “family” and, where ownership is by way of these vehicles, 90 days notice is required.

Can Ray White Millwater sell the property on the landlords’ behalf?

Of course! Selling property is part of the service we provide.
It is always preferred that we sell the property if and when the landlords wish to sell as it is much easier to coordinate access with the tenant between the Sales and Property Management departments when they use the same agency for both services. The tenant may be more comfortable dealing with a company they are already familiar with.