The end of a tenancy is a stressful period for every tenant, whether he/she has vacated a rental property before or doing it for the first time. During this time, various responsibilities and obligations need to be fulfilled, among which giving proper notice for moving out is a crucial one.
Before you start packing or book removalists in Newcastle, informing your landlord about your intention to leave is essential. Thus, here is a complete guide outlining useful information regarding giving notice for terminating the lease agreement and more. Have a look.
Considering the rental agreement is a legally binding contract, there are specific ways it can be terminated. Thus, if you want to move out, you should know the following things:
• Only the landlord or the tenant who signed the lease can end it after giving proper notice to the other party.
• The party who wants to end a tenancy should give written notice with the necessary information.
• A landlord or tenant can directly apply for tenancy termination with the NSW Civil and Administrative Tribunal (NCAT). However, this option is only viable in case of emergencies or unforeseen circumstances.
Depending on the type of rental agreement you have with your landlord, the minimum notice period can vary. However, its purpose remains the same: to give reasonable time to the tenant or the landlord to end a tenancy and make preparations. For example, a tenant can declutter, find a new property, book professional removalists in Newcastle, and complete other moving-related tasks within the notice period.
• Ending a fixed-term lease agreement: 14 days
• Ending a periodic lease agreement (no reason required): 21 days
• Breach of rental contract terms: 14 days or directly apply to the NCAT for termination
• Under section 26, breach of information disclosure: 14 days
• Co-tenant terminating tenancy: 21 days
• Increase in rent for fixed-term tenancy of two or more years: 21 days (prior to the increase starts)
• Experiencing undue hardship: None
• Death of a co-tenant: 21 days
• Without penalty early termination: 14 days
• Any legal dispute: Apply directly to NCAT
A notice for ending a tenancy can be served anytime by a tenant without lining up with the rent payment cycle. If you are giving the notice to move out to your landlord, it should be in writing, and it must:
• Have signature of the party giving the notice
• Mention the correct date and address of the property
• State the tenancy termination date providing information about the period by which you need to vacate the property
• Mention the reason for ending the tenancy, if required
Note: You can write the notice yourself, or you can use the template available on the NSW Fair Trading website.
There are multiple ways a tenant can serve the notice to move out to the landlord. It can be:
• Handed to the landlord in person, which is the best method.
• Mailed to the landlord, and you should wait for seven working days for service.
• Email it to the address specified by the landlord. This method is viable if the landlord provided express consent to use the email address for getting notices and other documents.
Giving the notice to move out should be among the first obligations you complete before ending a tenancy. Make sure you give the notice to ensure you can take care of the following things.
• Find a suitable property to live in after moving out of your current rental property.
• Arrange advance rent and keep money aside for bond payment. The advance for securing the new property can be up to two weeks of rent, and the bond amount can be up to four weeks of rent.
• Book professional removalists in Newcastle to avail partial or full-service removals depending on required. Make sure you hire experienced and trained removalists.
• Before booking your preferred removalists in Newcastle, make sure you get free quotes from multiple companies and choose the most affordable option.
• Declutter your house to reduce the packing and moving load for your hired removalists if you are not managing a DIY move.
• Ensure rent is given on time and you have a pending amount to pay before moving out.
• To know your responsibilities and obligations as a tenant, you can always seek the assistance of NSW Fair Trading, Law Access NSW and Tenants Advice and Advocacy Service.
Serving the notice for terminating a tenancy is crucial to responsibly and successfully move out of a rental property. Thus, use this guide to manage the task correctly and ensure you can vacate the leased real estate without any hassle or stress.
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