How can a tenancy agreement be terminated in Australian Capital Territory?
At the end of a fixed term tenancy agreement, the tenant can terminate the tenancy by giving the landlord 3 weeks written notice. However, at the end of the fixed term period, if a tenant does not terminate the fixed term tenancy agreement, the tenancy will automatically become a periodic tenancy. If the tenancy is a periodic tenancy (for instance, month to month), the tenant can terminate at any time by giving the landlord 3 weeks written notice.
The landlord can give a notice to vacate the property for no specified cause, in which case the landlord must give 26 weeks notice to the tenant to vacate the property. If the tenancy is for a fixed term, the 26 weeks must not expire during the fixed term period. The tenant may vacate the property within the last 2 weeks of the notice expiring, provided that the tenant gives 4 days notice of an intention to vacate.
The landlord can terminate a periodic tenancy by issuing a notice to vacate only if:
* the owner or an immediate relative of the owner (or a person who is not an immediate relative, but who has a close family or personal relationship with the owner) intends to live in the property (4 weeks notice);
* the owner intends to sell the property (8 weeks notice);
* the owner intends to reconstruct, renovate or make major repairs to the premises, which cannot reasonably be carried out with the tenant living there (12 weeks notice).
If a notice to vacate has been given on any of the above grounds, the tenant may vacate the property within the last 2 weeks of the notice expiring, provided that the tenant gives 4 days notice of an intention to vacate.
On what grounds can a landlord evict a tenant in ACT?
A landlord can terminate the tenancy by serving the tenant with a notice to vacate if (i) the tenant has failed to pay rent; (ii) the tenant has breached any term or condition of the tenancy agreement, other than nonpayment of rent; (iii) the property is not fit for habitation or the property will not be available due to government action; or (iv) the tenancy agreement is periodic. The landlord may also issue a notice without cause.
If the tenant does not vacate the property within the period specified in the notice to vacate, the landlord must apply to the Tribunal for a termination and possession order before the tenant can be evicted. Only the Residential Tenancies Tribunal can order an eviction. The landlord can also seek a termination and possession order if (i) the landlord would suffer significant hardship if the tenancy were to continue; (ii) the landlord, his/her family or property has suffered or is likely to suffer damage or injury by the tenant; (iii) the tenancy agreement was part of a contract of employment and the tenant has ceased to be employed by the landlord; (iv) the tenant made a false or misleading statement to induce the landlord to enter into the agreement; or (v) the tenant has assigned or sublet the premises without the landlord's written consent.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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