Managing Notice Periods and Terminations in Tasmania

As a renter in Tasmania, it's crucial to understand your rights and obligations regarding notice periods and tenancy termination. Whether you're facing an eviction notice or planning to terminate your lease, knowing the correct procedures can help safeguard your interests. This guide will walk you through the processes according to the Residential Tenancy Act 1997.

Understanding Notice Periods

Notice periods are legally required timeframes that must be respected when ending a tenancy. In Tasmania, the notice period varies depending on whether it's an eviction by the landlord or a termination by the tenant.

Notice by Landlord

For a landlord to terminate a rental agreement, they must provide:

• 14 days' notice for rental arrears or breach of the agreement
• 42 days' notice if the property is sold
• 120 days' notice without specifying a reason

Notice by Tenant

If you're planning to end your lease, you must give your landlord:

• 14 days' notice for breach of the agreement
• 21 days' notice if you are leaving for personal reasons

Termination Process

To legally terminate a lease, specific steps must be followed to ensure compliance with the Residential Tenancy Act 1997. Here's how tenants can navigate the process:

Step 1: Review Your Lease Agreement

Start by reviewing your lease agreement. This document outlines specific terms about termination and notice periods. Knowing these will help you prepare the required steps.

Step 2: Serve the Notice

You must serve a written notice to your landlord. The Notice to Terminate Tenancy (Form 6A) is required for landlords, while tenants can use a simple written communication.

Step 3: Resolve Outstanding Issues

Before moving out, ensure all financial obligations are resolved, such as unpaid rent or repair costs. Contact Consumer, Building and Occupational Services (CBOS) if disputes arise.

Frequently Asked Questions

1. What should I do if my landlord is not respecting the notice period? Contact Consumer, Building and Occupational Services (CBOS) for assistance and consider applying to the Residential Tenancy Commissioner.
2. Can a landlord terminate my lease without a reason? Yes, but they must give you at least 120 days' notice.
3. How do I contest a termination notice? Apply to the Residential Tenancy Commissioner for a review or dispute resolution. Sources such as Section 35 of the Residential Tenancy Act 1997 provide guidance.

How to Contest a Notice

1. Check the Validity of the Notice – Verify if the notice complies with legal requirements regarding timing and format.
2. Communicate with the Landlord – Address any misunderstandings amicably. A written explanation might clarify issues.
3. Apply for Tribunal Intervention – If unresolved, lodge an application with the Residential Tenancy Commissioner.

Need Help? Resources for Renters

If you require assistance, the following resources can provide support and guidance:

• Consumer, Building and Occupational Services (CBOS) – For mediation and dispute resolution services.
• Legal Aid Commission of Tasmania – Provides free legal advice and support.
• Shelter Tasmania – Offers community support and housing advocacy.

---

6. Fair Trading Act 1987 (Cth) accessible at legislation.gov.au
7. Residential Tenancy Act 1997, Tasmania accessible at legislation.tas.gov.au
8. Consumer, Building and Occupational Services (CBOS) – cbos.tas.gov.au
9. Notice to Terminate Tenancy (Form 6A) – consumer.tas.gov.au

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid