Continue a fixed term tenancy

A fixed-term tenancy will automatically continue as a periodic tenancy at the end of the term, unless:

• either the landlord or tenant gives the correct notice to end the tenancy, or
• the tenant and landlord enter into a renewed fixed-term tenancy agreement, or extend the existing tenancy agreement, or otherwise vary the agreement. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement.

Giving notice to end a tenancy

Rent increase notice

A rent increase notice does not require a written variation or tenant signature to the tenancy agreement, as the notice can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements).

In some situations, the tenant and landlord may agree to increase the rent if the landlord has either made substantial improvements to the premises, increased or improved the facilities or services, or agreed to vary the terms of the tenancy and it benefits the tenant. In these situations, the increase in rent would be a variation of the tenancy agreement.

Rent increases and reductions

Extend a fixed-term tenancy

The end date of the tenancy is changed but all other aspects of the agreement remain the same. This only applies to fixed-term tenancy agreements. This can only occur if the landlord and tenant agree or when a tenant exercises a right in their agreement to extend the fixed-term by notifying the landlord at least 21 days before the fixed-term ends.

If the tenant wants to otherwise extend the agreement they should try to negotiate this with their landlord as early as possible before the end of the fixed-term.

Vary the conditions of an existing tenancy

The terms or conditions of the tenancy agreement are changed, for example responsibilities for lawns and gardens, change of tenants or conditions about having pets at the property. It's different to a renewal or extension as it relates to the terms or conditions rather than the end date of the tenancy.

This change must be in writing and signed by both the landlord and tenant(s) and state what date it takes effect from. It can be written in the tenancy agreement or on a separate document that is then attached to the tenancy agreement. The landlord must give the tenant(s) a copy of this written variation.

A rent increase notice does not require a written variation or tenant signature, as this can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements). In some situations, the tenant and landlord may agree to increase the rent due to changes that benefit the tenant, for example, substantial improvements to the premises. In these cases, the increase in rent would be a variation and must meet the above requirements.

Renew a fixed-term tenancy

A fixed-term tenancy can be renewed on the same terms and conditions for the same length of time as the original fixed-term tenancy. This can occur if the landlord and tenant agree or when a tenant exercises a right in their agreement to renew the fixed term.

If the tenant wants to renew the agreement by using a right in their tenancy agreement, then they must tell the landlord in writing at least 21 days before the end of the fixed-term.

Required statements may need to be included in (or attached to) renewed tenancy agreements.

Required statements for tenancy agreements

Recording changes to a tenancy agreement

If a tenancy agreement is varied, renewed or extended, the change must be recorded in writing.

Both the landlord and all tenants need to sign it. This document can take any format, but it must include:

• what the change is
• when it takes effect
• landlord's signature
• all of the tenants’ signatures.

Once signed, the landlord should give the tenant a copy. This should happen before the change takes effect. Both parties should attach this to their copy of the tenancy agreement.

Rent increase notice

A rent increase notice does not require a written variation or tenant signature to the tenancy agreement, as the notice can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements).

In some situations, the tenant and landlord may agree to increase the rent if the landlord has either made substantial improvements to the premises, increased or improved the facilities or services, or agreed to vary the terms of the tenancy and it benefits the tenant. In these situations, the increase in rent would be a variation of the tenancy agreement.

Rent increases and reductions