#24593
scotlandx
Strataguru

    You have a periodic agreement, because the agreement doesn’t specify a term.  In the case of a periodic agreement, a landlord must give 30 days notice of termination.

    In the case of a fixed term agreement the agreement can’t be terminated before the end of the term, even if the property is sold.

    You may not be aware that for residential tenancies of less than 3 years the Residential Tenancies Act requires that the parties enter into an agreement, refer the standard form:

    https://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf

    I don’t think the perceived 12 months is really relevant, at the very least it is is disputed by the parties that that was agreed.  But this is not legal advice.

    Everyone will have different views in relation to the rights and wrongs of a situation like this – some years ago I had some tenants who neglected to renew their fixed term lease, so it reverted to a periodic tenancy.  I then sold the apartment.  They protested, but I pointed out to them that if they had wanted certainty they should have renewed the lease, and after all it was my property.