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There are various reasons for ending a tenancy. These can range from something as simple as wanting to move on, to the tenant/s or the lessor/property manager not keeping to the terms of the agreement. The proper way to end the agreement will depend on why the tenancy is ending and whether it’s a fixed-term or a periodic tenancy.
Lessors can give notice to end a periodic or fixed-term agreement, or take the matter to court if:
Landlords can use Form 1C in the following cases:
In the case of periodic tenancies, written notice using Form 1C must also be given by the lessor if:
Lessors can also apply to end a tenancy through the Magistrates Court if the tenant is likely to, or has, intentionally or recklessly injured the lessor, their agent, a neighbour, or has caused serious damage to the premises, including, where relevant, common areas and chattels within common areas.
Apart from these circumstances, a fixed-term tenancy can also be ended:
Refer to the notices section for how and when to issue notices.
Please refer to the publication Renting out your property for further information on how to terminate a tenancy.
You can also read more about how and when a tenant can end an agreement.
If the tenant/s are in social housing (such as Housing Authority or a prescribed social housing provider), quite apart from the situations already discussed, they may also be asked to leave if an assessment finds the tenant/s no longer meet the eligibility criteria for social housing, or they are being relocated to another social housing property.
Notice periods and appeal processes apply. Housing Authority can also apply to the Magistrates Court to end a tenancy because of objectionable behaviour.
Counting days (notice periods) are required when you are serving a notice or issuing documentation (eg property condition reports) and includes links to several helpful flow charts showing how to service notices.