Selling or moving back into your property
Circumstances can change and at any time you may need to sell or move back into your property. As each tenancy agreement is different, it is essential that landlords advise us as soon as possible of any change in their situation so that the appropriate and required notice is provided to the tenant.
A periodic tenancy can be terminated so long as the correct notice is provided to the tenant.
- In the case of a property sale the tenant must be given 42 days written notice to vacate (allow an extra four days for delivery of notice), and only once the sale of the property has become unconditional
- Should the landlord or a family member wish to move back into the property, 42 days written notice must also be provided to the tenant. It is worthwhile to note a Family Trust or company (LTC) cannot have ‘family’ members by its very nature and where ownership is by way of these vehicles, 90 days written notice is required
- In all other cases under a Periodic Tenancy, the landlord must give the tenant a minimum of 90 days written notice to terminate a periodic tenancy. No reason needs to be given to the tenant in a 90 days’ written notice to terminate
Fixed term tenancy
A fixed term lease is guaranteed to your tenant for the term outlined in the tenancy agreement and supersedes the sale of the property or the owner or family members moving back into the property. For example, should the property be sold, and the buyer wishes to occupy the home, they may not move in until the completion of the tenancy unless the tenant agrees otherwise.