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Prescribed Reasons to End a Tenancy - What are They?
Posted on Thursday, 20 June 2024
by Rebecca Day in Latest News
by Rebecca Day in Latest News
As of the 1st July 2024, the Residential Tenancy Reforms require a landlord to provide a 'Prescribed Reason' in the event they wish to terminate a lease, ending the ability to terminate without cause (referred to as a 'No Cause Termination'). It also requires the notice period for a fixed term lease to extend from 28 days to 60 or 90 depending upon the 'Prescribed Reason'
Read here for a full list of 'Prescribed Reasons'. Please note this information is yet to be verified as sighted on the Form 9 and will be updated once available.
Form 9 - 60/90 Days Notice - List of 'Prescribed Reasons'
- the landlord requires possession of the premises for demolition;
- the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises;
- the landlord requires possession of the premises for
- the landlord's own occupation; or
- occupation by the landlord's spouse, child or parent; or
- occupation by the spouse of the landlord's child or parent;
- the landlord has entered into a contract for the sale of the premises under which the landlord is required to give vacant possession of the premises;
- the tenant, or a person permitted to enter the premises by the tenant, intentionally or negligently caused serious damage to
- the premises; or
- an area adjacent to the premises; or
- safety equipment located on the premises or an area adjacent to the premises;
- the tenant, or a person permitted to enter the premises by the tenant, gave rise to a serious risk to the life, health or safety of the landlord, the landlord's agent or a person who resides in the immediate vicinity of the premises;
- the tenant caused or permitted the premises to be unfit for human habitation, destroyed totally or destroyed to the extent that they are unsafe;
- the tenant or a person residing at the premises threatened or intimidated the landlord, the landlord's agent or a contractor or employee of the landlord or agent;
- the tenant has been given 2 notices under section 80 of the Act which both specified the same or substantially similar breach by the tenant; and
- has breached the residential tenancy agreement on a third occasion in the same or substantially similar manner as specified in the 2 notices;
- the tenant has used the premises, or has caused the premises to be used, for an illegal purpose (including drug related conduct);
- the tenant failed to pay the bond in respect of the premises in accordance with the residential tenancy agreement;
- the tenant kept a pet on the premises without authorisation under Part 4 Division 6A of the Act;
- the tenant induced the landlord to enter into a residential tenancy agreement by a statement or representation in respect of the tenant's identity or place of occupation that the tenant knew to be false, misleading or deceptive, or by knowingly concealing a material fact in respect of the tenant's identity or place of occupation;
- if the landlord is a charitable organisation and it is a term of the residential tenancy agreement that the tenant meet the eligibility requirements of the organisation to reside at the premises—the tenant no longer meets the eligibility requirements of the organisation;
- if it is a term of the residential tenancy agreement that the tenant is a student of an educational institution or an employee of the landlord—the tenant is no longer a student of the institution or employee of the landlord (respectively).