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Topic
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Hi,
I’m trying to ascertain if a tenant has not given sufficient notice before a fixed term lease ends.
I’ll keep the maths easy.
If the tenant has a lease end date of June 30, 2020, does the tenant have to give 14 days notice prior to them leaving?
If, for example they gave notice on June 25, 2020, 5 days before the fixed term lease ends, would the new lease end date be 14 days after June 25? So, the new end date would be July 9.
The problem I see here is that the new date, July 9, would then drift into Periodic agreement period.
If this is the case, wouldn’t the tenant need to give 3 weeks notice at some stage during the periodic agreement period?
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The Tenants NSW website says this: “notice can be given on or before the last day of the fixed term” and “Give a minimum 14-day termination notice. The termination date in the notice can be the last day of the fixed term or up to 14 days after. You have to give this notice before your fixed-term agreement ends. Vacate by the date in your notice.”
In other words, if the tenant gives notice on or before the last day of their tenancy agreement, then it only has to be 14 days from the date they give the notice. If they wait until after the lease has expired, it’s 21 days.
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