How to deal with long term tenants

30 Jul 2015

For the purposes of The Residential Tenancies Act 2010, (the Act) a long term tenant is one that has been in continuous occupation for a period of 20 years or more. The provisions of S94 are as follows:

94   Termination of long term tenancies

(1)  The Tribunal may, on application by a landlord, make a termination order for a residential tenancy agreement:

(a)  if the tenant has been in continual possession of the same residential premises for a period of 20 years or more, and

(b)  if the tenant occupied the premises under a fixed term agreement, the fixed term of the original agreement has expired, and

(c)  if the Tribunal is satisfied that it is appropriate to do so in the circumstances of the case.

(2)  A landlord may make an application under this section without giving the tenant a termination notice.

(3)  The Tribunal must not make a termination order under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.

(4)  The Tribunal, in determining the day on which vacant possession of the residential premises is to be given to the landlord, must not order that vacant possession be given earlier than 90 days after the order is made.

If you are seeking to obtain possession of premise occupied by a “long term” tenant you do not need to serve a notice of termination, simply lodge your application with the Tribunal, (S2).

The Tribunal will consider the circumstances of the parties and make an order accordingly. Any order for possession cannot be less than 90 days and could, depending on the circumstances, be a longer period. There is no set time frame in this process, the Tribunal has discretion.

Access to the FREE  Agency Practice Helpline is only one of the great privileges available to EAC members, click here to find out more about EAC Membership .  Please call 1300 137 161, for the very best expert advice on issues affecting day-to-day agency practice, including asbestos.

Leave a Reply