A: A tenant should give notice in writing to end a tenancy as this will prevent any misunderstandings. The official document is a Form 17 for a fixed lease or Form 16 for a periodic lease.
the lease is expiring and the tenant does not want to renew
the tenant has decided to leave before the lease expires (lease break)
the landlord is not offering renewal of the lease to the tenant (Form 9)
an order for possession has been granted by SACAT for a breach of tenancy
the landlord has given notice to end a periodic tenancy (Form 7 or 8)
a person with a superior title takes possession by order of Tribunal or court
the tenant dies and is the sole occupant of the property
a mortgagee takes possession under a mortgage
the premises become destroyed or uninhabitable
tenant purchases the property
A: Fixed term
A tenant who is on a fixed term tenancy must give at least 28 days' notice to terminate the lease upon expiry. In turn, if the landlord wishes to terminate the tenancy, they must issue the tenant with a Form 9 (Notice of Termination), at least 60 days before the lease expires.
Periodic tenancy
A tenant must give no less than 21 days' notice to vacate. The exception to this is, if they pay their rent on a calendar monthly basis, notice must be at least 28 days.
A landlord can give the tenant notice to vacate providing between 60 & 90 days' notice.
60 days' notice must have a reason as per Form 7:
the landlord wants the property for his own use
the property has been sold - the notice begins from the date the purchaser has signed the contract
the property is to be demolished
major renovations require
90 days
specific reasons as per the Form 8
A: The notice can be given by issuing a Form 7 or 8 (Notice to Tenant to End a Periodic Tenancy)
A: A lease break occurs when a tenant wants to end their lease before the lease expires.
A: Yes, the landlord is entitled to claim financial loss incurred. The penalties payable are:
Rent compensation (rent payable by the outgoing tenant until the property is relet, the lease expires or a maximum of one month (whichever occurs first)
Reletting fee (pro rata cost on the full charges to the landlord)
Advertising (pro rata cost on the full charges to the landlord)
If the rent has increased or decreased for the new tenancy, then the difference must be taken off the lease break penalties.
For example, if a tenant vacates on 15/1/25, and the property is re let on 30/1/25 at a higher rent of $40 per week and there is 6 weeks left of the original tenancy, then the $240 must be taken off the rent compensation charged between 16/1/25 and 29/1/25.
A: No, that is why the rent owing to the start of a new lease is referred to a rent compensation
A: Not if they are due to any of the following reasons:
The landlord agrees to release the tenant without penalty
The property is not to be relet once the tenant vacates
The tenancy is terminated by a SACAT order
The formula is set down by Consumer and Business Services. The letting fee & advertising fee will depend on the overall length of the lease and how long is left on the lease. e.g. Letting fee : (maximum of 2 weeks rent) x number of weeks remaining in the lease, divided by 39).
Advertising (total advertising x number of weeks remaining in the lease divided by 39)
If the tenancy has run for more than 12 months, the divisible amount increases.
If the tenancy has run for 3 months or less, the letting fee & advertising costs are payable in full by the tenant.
A lease break formula calculator is located in One Drive\Magain Real Estate\Magain City Realty - Documents\Magain City Realty Calculator