Understanding Notice Periods and Lease Terminations in Tasmania

Renting a property in Tasmania comes with a variety of rights and obligations, both for landlords and tenants. Among these, understanding the rules surrounding notice periods and tenancy terminations is crucial to ensure your tenancy agreement is not unjustly breached.

Notice Periods for Ending a Tenancy in Tasmania

In Tasmania, landlords must adhere to specific notice periods when terminating a tenancy. These periods are laid out in the Residential Tenancy Act 1997. The notice period required can vary depending on the reason for termination.

Types of Notice

• For No Cause: Generally, a landlord must provide at least 42 days notice if the lease is periodic and the landlord does not need to specify a reason.
• Sale of Property: If the property is sold and requires vacant possession, landlords must give a 42 days notice.
• Breach of Agreement: A 14-day notice period applies if a tenant breaches the agreement, provided the breach is significant and has not been remedied.

Tenant Rights and Responses

As a tenant, it's essential to know you have rights if you believe your landlord is not complying with the notice requirements. You may contest an unfair notice through Consumer, Building and Occupational Services (CBOS) in Tasmania. This can involve mediating discussions or, if necessary, taking disputes to the Magistrates Court.

It is always advised to keep records of all communications and notices for reference in any dispute resolution process.

What to Do If You Receive a Termination Notice

1. Verify the Notice: Ensure that the notice meets legal requirements. It should be in writing, include the date, and specify the termination reason.
2. Discuss with Your Landlord: If there are any discrepancies or concerns, approach your landlord to discuss these issues.
3. Seek Mediation: If discussion does not resolve the issue, contact CBOS for mediation support.
4. Apply to the Court: If mediation fails, you may apply to the Tasmania Magistrates Court to resolve the dispute.

Need Help? Resources for Renters

If you're facing issues with notice periods or tenancy termination in Tasmania, several resources are available to assist you:

• Consumer, Building and Occupational Services (CBOS): Offers information and mediation services.
• Residential Tenancy Act 1997: Tasmania's governing act for residential tenancies.
• Magistrates Court of Tasmania: For legal resolution of disputes involving tenancies.

---

1. What happens if my landlord doesn't give proper notice? If a landlord fails to provide the correct notice, the notice may be deemed invalid. You can challenge this through CBOS or, ultimately, in court.
2. Can my landlord end my lease early? Landlords have the right to terminate a lease early only under specific conditions outlined in the Residential Tenancy Act, such as property sale or serious tenant breach.
3. What constitutes a breach of agreement? A breach could be failing to pay rent, damaging the property, or other significant violations of the lease terms. This can result in a 14-day termination notice.

1. How to challenge a termination notice in Tasmania
   1. Step 1: Verify the Notice - Ensure all details are correct and the notice complies with legal standards.
   2. Step 2: Discuss Concerns - Contact your landlord to address any discrepancies or misunderstandings.
   3. Step 3: Contact CBOS - Seek their help for mediation or advice if discussions don't resolve the issue.
   4. Step 4: Apply to Court - If necessary, file an application with the Magistrates Court for resolution.

Key Takeaways

• Ensure all termination notices comply with the Residential Tenancy Act 1997.
• Keep records of all communications with your landlord.
• Use resources like CBOS for dispute mediation and guidance.

---

1. Fair Trading Act 1987 (Cth)

2. Tasmania Consumer, Building and Occupational Services

3. Magistrates Court of Tasmania

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