Tenancy Agreements Fixed-Term vs Periodic
The Residential Tenancies Amendment Act 2020 has brought with it significant changes to both fixed-term and periodic tenancy agreements . These changes affect both tenants and landlords , and may differ depending on when your tenancy was initially granted .
Fixed-term tenancy
In essence , a fixed-term tenancy is just that - a fixed period of time with a clear start and end date that has been agreed upon before the tenancy begins .
A fixed-term tenancy guarantees the property to the tenant for the term outlined in the tenancy agreement . This does not change even if the property sells , or if the owner or family members wish to move into the property , e . g . should the property be sold and the buyer wishes to occupy the home , they cannot move in until the completion of the tenancy term - unless the tenant agrees otherwise .
The rules around ending fixed-term tenancies now vary slightly depending on the date the tenancy was granted . The granted date is the specific date when the tenancy agreement was signed and completed , not the commencement date of the tenancy itself . If you have questions relating to your own tenancy , we recommend speaking to your property manager for clarification .
Ending a fixed-term tenancy - Granted before 11 February 2021
This type of fixed-term tenancy guarantees the property to the tenant for the term outlined in the tenancy agreement .
If the landlord or tenant does not wish for the tenancy to become a periodic tenancy when the initial term expires , they need to give written termination notice clearly stating this . No specific reason needs to be given for this type of notice , however , it must be given by either party between 90 and 21 days before the expiry date of the fixed term .
Ending a fixed-term tenancy - Granted from 11 February 2021
This type of fixed-term tenancy guarantees the property to the tenant for the term outlined in the tenancy agreement , and automatically converts to a periodic tenancy at the end of its initial fixed-term .
It does not need to turn into a periodic tenancy if the tenant agrees for it to end , the tenant and landlord agree on another fixed-term period , or the tenant gives 28-days ' notice for any reason before the expiry date of the fixed term .
Landlords can still give notice to end this type of fixed-term tenancy near its expiry date , providing the same reasons and notice periods used for periodic tenancies apply e . g . sale of property , family members moving in , or extensive renocations etc . ( see Periodic Tenancy on page 9 ).
No matter when a fixed-term tenancy was granted , it can still be terminated upon application to the Tenancy Tribunal by either party , if the cirumstances allow .
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