Sixty Day Notice Of Termination Of Tenancy Template for Australia

A Sixty Day Notice Of Termination Of Tenancy is an essential legal document that formally notifies tenants of your intention to end their residential tenancy agreement. Under Australian law, this notice serves as official communication that must comply with strict legislative requirements to be legally enforceable.

When do you need this document?

You need this notice when terminating a periodic tenancy without grounds, such as when you want to sell the property, move back in yourself, or undertake major renovations. It's also required when ending a fixed-term tenancy at its natural conclusion where the tenant has remained beyond the lease expiry. Property managers use this notice when landlords decide not to renew tenancy agreements for legitimate reasons that don't involve tenant breaches. Real estate agents require this document when facilitating property sales that require vacant possession or when landlords change their rental strategies.

Key legal considerations

The notice must specify the exact termination date, which cannot be less than 60 days from when the tenant receives the notice. You must include complete property details, full names of all tenants listed on the lease, and your contact information as the landlord or authorized agent. The document must clearly state that the tenancy will terminate on the specified date and that the tenant must vacate by that time. Any defects in the notice format or missing mandatory information can render it invalid, potentially delaying your termination process and exposing you to legal challenges.

Legal requirements in Australia

Under the Residential Tenancies Act 2010 and associated regulations, the notice must be served using prescribed methods, including personal service, registered post, or electronic delivery where agreed. The notice period begins from the day after the tenant receives the document, not from when you send it. You cannot serve this notice during fixed-term tenancies except in specific circumstances outlined in the Act. The notice must be in the prescribed form as detailed in the Residential Tenancies Regulation 2019, and any deviation from the required format may invalidate the notice. Privacy Act 1988 compliance is mandatory when handling tenant personal information, and if serving electronically, you must follow Electronic Transactions Act 1999 requirements for valid digital delivery.