Clarification on the notice periods for terminating tenancies

Written on the 24 June 2020

 
Questions have been raised as to when the notice period in the end of the fixed term termination notice will be amended from 90 days back down to 30 days. We would like to advise that the end of fixed term termination notice period is still 90 days.

The 90 day notice periods in termination notices given under a section referred to in section 41D(2) of the Residential Tenancies Regulation 2019 (NSW) will return to normal upon expiration of the emergency moratorium in October 2020.

Please also be advised that the provision for the 90-day extension to such notice periods is for ALL tenants and not just for those who are COVID-19 impacted. 

In addition to the above, the notice period for a breach of lease remains at 90 days except for notices given under sections 90, 91 & 92 of the Residential Tenancies Act 2010 (NSW) which on application to NCAT may be terminated with immediate effect.

Note:

Section 90 permits NCAT to make a termination order if satisfied that the tenant, or other person occupying or jointly occupying the residential premises, intentionally or recklessly caused or permitted serious damage to the residential premises or any neighbouring property.

Section 91 permits NCAT to make a termination order if satisfied that the tenant, or other person occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted the use of the residential premises or any property adjoining or adjacent to the premises.

Section 92 permits NCAT to make a termination order if satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has seriously or persistently threatened or abused the landlord, the landlord's agent or any employee or contractor of the landlord or landlord's agent, or caused or permitted any such threats, abuse or conduct.

If you require more information contact our property management team