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Limitation of Using ‘end of fixed term’ notices

The new regulation started on 29th of May inform that, an ‘end of fixed term’ vacate notice can only be issued to the tenants at the end of the first fixed term of a tenancy. Compared to the previous requirement, rental provider can issue an ‘end of fixed term’ notice to the renter to vacate at the end of any fixed term, and not only the first fixed term of their tenancy.

 

In new legislation, rental provider must be specified a termination date that is on or after the date of the end of the initial fixed term rental agreement in the vacate notice.


The notice to vacate must be given to the renter with sufficient notice:

  • for a fixed-term rental agreement for six months or more, this notice must be not less than 90 days before the end of the initial fixed term, or

  • for a fixed-term rental agreement for less than six months, this notice must not be less than 60 days before the end of the initial fixed term.

A rental provider can only terminate a subsequent fixed-term agreement by using one of the other reasons in the Residential Tenancies Act 1997, if the renter remains in a property after the initial fixed term expires.


If the renter wants to leave earlier than the end date the rental provider has specified. In response to receiving an ‘end of fixed term’ notice, they can send a 14-day notice of their intention the rental provider. In the former regulation, the 14-day notice a renter could give in response to receiving a notice to vacate needed to specify a termination date that was on or after the end of the fixed-term agreement.


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