Notice of termination by lessor or tenant at end of fixed term tenancy
70A Notice of termination by lessor or tenant at end of fixed term tenancy
In this section —
agreement means a residential tenancy agreement that creates a tenancy for a fixed term;
notice means a notice of termination referred to in subsection (2);
possession day means the day specified in a notice as the day on which possession of the premises is to be delivered up by the tenant and has the meaning affected by subsection (6).
Despite any other written law or a requirement under a contract, the term of a residential tenancy agreement does not end on the expiry day unless the lessor or tenant has given a notice of termination of the agreement to the other party specifying a day on which possession of the residential premises is to be delivered up by the tenant.
The notice must be given not later than 30 days before the possession day.
The possession day must not be a day earlier than the expiry day.
If the possession day is later than the expiry day, then —
the term of the agreement expires on the possession day, and not on the expiry day; and
the terms of the agreement are to be taken, for all purposes, to be varied to that extent.
If both the lessor and tenant give a notice to each other and the notices specify different possession days, then the day that is the earlier of the 2 days is to be taken to be the possession day.
If —
the day on which the term of the agreement is to expire under subsection (5)(a) is the possession day under a notice given by the lessor; and
the tenant delivers up possession of the premises after the expiry day but before the possession day,
then the day on which the tenant delivers up possession of the premises is to be taken to be the possession day for the purposes of subsection (5).
[Section 70A inserted: No. 60 of 2011 s. 68.]
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