110BEarly vacation of premises—fixed term tenancy if landlord gives termination notice

110B Early vacation of premises—fixed term tenancy if landlord gives termination notice

110B Early vacation of premises—fixed term tenancy if landlord gives termination notice

(1) A tenant under a fixed term agreement who has been given a termination notice, other than a prescribed termination notice, by the landlord may give vacant possession of the residential premises before the termination date if the tenant gives the landlord a notice (an early exit notice) informing the landlord—

(a) that the tenant will give vacant possession before the termination date, and

(b) specifying a tenancy end date which must be at least 14 days after the early exit notice is given.

(2) An early exit notice must not be given earlier than—

(a) for a fixed term agreement for a fixed term of 6 months or less—60 days before the end of the agreement, or

(b) otherwise—90 days before the end of the agreement.

(3) The tenant is not liable to pay rent for the period after both of the following have occurred—

(a) the tenancy end date specified in the early exit notice,

(b) vacant possession being given.

(4) In this section—

prescribed termination notice means a termination notice given under section 87C or 109.

s 110B: Ins 2024 No 75, Sch 1[16].