How to serve notice

When you ‘serve’ or give notice to a landlord or tenant it can be:

• hand-delivered to the other person. This can be done in person, by putting the notice in the letterbox of the physical address for service provided; or
• by attaching it clearly to the door of the property; or
• send it to the electronic address for service listed on the tenancy agreement.

Electronic address for service

The other person hasn’t been notified until they receive the notice, so you must allow extra time for the notice to be delivered. This period is sometimes called ‘service time’.

Service time

Tenancy law gives timeframes for when notices are considered to have been received. These times depend on how the notice was delivered.

For all notices – except notices for family violence withdrawals – if the notice is:

• handed over in person, it is classed as received immediately
• left in the premises' letter box or clearly attached to the door, it is classed as received 2 working days after the delivery date
• posted to the address or post office box, it is classed as received on the fourth working day after the date it was posted
• sent to the electronic address for service after 5pm, it is classed as received on the next working day
• sent to the electronic address before 5pm, it is classed as received on that same day.

These timeframes apply unless the person being served notice can show they do not. For example, if the person receiving the notice has received it earlier, or can prove that the post was delayed or not received.

When the notice period starts

The notice period starts the day after the notice is received, this applies to any of the service times listed above.

Example of notice period start date

If a tenant posts their 21-day notice to end a periodic tenancy on Friday 1 August (in a week with no public holidays), it is considered received on Thursday 7 August. The notice period begins the next day, Friday 8 August, so the tenancy would end on Thursday 28 August.

If a tenant put the notice in the letterbox on Friday 1 August (in a week with no public holidays), it is considered received on Tuesday 5 August. The notice period begins the next day, Wednesday 6 August, so the tenancy would end on Tuesday 26 August.

If there are public holidays, the dates can shift. For instance, if a tenant posts their notice on Monday 22 December, it might not be considered received until Wednesday 7 January. In that case, the notice period would begin on Thursday 8 January and end on Wednesday 28 January.

If there is any disagreement, the landlord must prove the notice was received earlier.

If you are withdrawing from a tenancy following family violence

The notice period for withdrawing from a tenancy following family violence is different to other notices. The notice is considered to have been received by the landlord at the time it is posted or otherwise delivered. The notice period will start the following day. The withdrawing tenant or dependant should keep a copy of the notice for their records, and the contact details of anyone who provided evidence supporting the notice.
Notice should be given to the landlord in writing. This can either be:

• sent to an electronic address or PO box if it is listed on the tenancy agreement as an additional address for service
• sent by post or delivered to the physical address for service listed on the tenancy agreement
• hand-delivered (by anyone).

We encourage tenants to let their landlord know about the withdrawal by multiple methods if possible.
Tenants can also contact their landlord, for example by phone, to let them know they have sent notice of their withdrawal from the tenancy and to discuss any other tenancy related matters, such as the bond.

The notice must include at least one form of qualifying evidence that the tenant has experienced family violence during the tenancy.

Find out more about withdrawing from a tenancy following family violence

Difference between a calendar day and a working day

Some timeframes are counted in calendar days (Monday to Sunday). Others are counted in working days (Monday to Friday).
Examples of timeframes counted in calendar days are:

• notices to terminate a tenancy
• notices to remedy a breach
• notice of a rent increase

Examples of timeframes counted in working days are:

• service times
• the time a landlord has to lodge a bond online
• notifying a change of address or other details

Some public holidays and provincial holidays are not counted as working days.

The Residential Tenancies Act(external link) defines what isn’t counted as a “working day”.