What happens when the fixed term of the tenancy agreement expires?

02-May-2013

There is a common misconception regarding the expiration of a fixed term tenancy agreement that the tenant can vacate without notice or the landlord can gain possession on that date.

For a tenancy to be legally ended the tenancy is to be terminated in accordance with tenancy legislation.

In order for a tenancy to be terminated by either party the following needs to occur:

1) The agent/landlord gives the tenant notice.

2) The tenant gives the agent notice.

3) The property is abandoned.

4) The Tribunal orders vacant possession.

Tenancy legislation clearly details the notice required by either party to end the tenancy depending on the reason, such as the end of a fixed term, periodic agreement, property sold or landlord moving into the property.

If you require vacant possession it is important that you discuss this with us. Please do not assume that as the agreement has expired or is about to expire that you can get immediate possession of the property. Proper notice is to be served upon the tenant to ensure that you can legally gain possession of the property with undue delay.