How can a tenancy agreement be terminated in the Northern Territory?

If a fixed term agreement (e.g. 6 months, 1 year, etc) is not terminated by either party at the end of the agreed term, the tenancy continues as a periodic agreement (e.g. week-to-week, month-to-month, etc). If the landlord or tenant wishes to end the tenancy at the end of the fixed term, they must give the other party notice of termination in writing at least 14 days prior to the end of the term.

The landlord may terminate a periodic tenancy for no reason by giving the tenant 42 days notice in writing. The tenant may terminate a periodic tenancy for no reason by giving 14 days written notice.

Either party may terminate the tenancy (i) if access to the premises has not been available for more than 3 days because of flooding; (ii) if continued occupation of the premises is a threat to the health or safety of the tenant or members of the public or a threat to the safety of the landlord's property; (iii) if the premises have become uninhabitable.

On what grounds can a landlord evict a tenant?

A landlord can terminate the tenancy agreement for a number of reasons included: rent being in arrears for a period of not less than 14 days; a tenant's breach of the tenancy agreement other than failing to pay rent; causing or permitting damage to the premises; using the premises for any illegal purpose; causing or permitting a nuisance; causing interference with the reasonable peace or privacy of another person within the vicinity; accommodation provided as a condition or behefit of employment to a tenant who is no longer an employee of the landlord. The landlord must give the tenant appropriate notice as set out in the Act. If within the time period stated in the notice, the tenant has not either moved or cured the default (if possible), the landlord can apply to the Commissioner or the Court for an order for possession which will allow the landlord to enter the premises.

The landlord cannot use force to make a tenant leave and cannot enter the premises to take possession without an order from either the Commissioner or the Court.



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.

[close]