NSW Tenant leaving before notice period ends

Discussion in 'Property Management' started by bbinvest, 16th Jan, 2020.

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  1. bbinvest

    bbinvest Member

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    25th Feb, 2017
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    Location:
    Newcastle
    Residential rental in NSW, periodic (month to month) lease and a 90 day no grounds notice has been given to vacate.

    I am aware that the tenant can leave before the notice period ends and only pay rent until the day they leave, and section 110 of the NSW act supports that.

    The question is whether the tenant is required to give a certain amount of notice that they are leaving in this scenario. My reading of the act is that they don't have to, however the property manager in this case is running the line that 21 days notice is still required, as would be the case if the landlord had not given notice.

    Can anyone clarify this?
     
  2. Zepth

    Zepth Well-Known Member

    Joined:
    27th Jun, 2015
    Posts:
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    Location:
    Aus
    property manager is wrong.

    "110 Tenant may vacate at any time before termination date specified by landlord
    (1) A tenant who is given a termination notice by the landlord, or who gives a termination notice, may give vacant possession of the residential premises at any time before the termination date.(2) If a termination notice is given by a landlord, the tenant is not liable to pay any rent for any period after the tenant gives vacant possession of the residential premises and before the termination date."

    No mention of 21 days notice in there....
     
    Perthguy likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    I'd agree with @Zepth, no notice required by the tenant.
     
    housechopper2 likes this.
  4. Jacque

    Jacque Well-Known Member Premium Member

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    Sydney
    Your PM needs to read the legislation some more :)
    It's a courtesy for them to inform the landlord of the move out date but they can move out at any time before the notice ends.
     
    Perthguy likes this.