Fixed term and Periodic tenancies

Periodic Tenancy

A periodic tenancy is a tenancy that can be renewed periodically (e.g. weekly, monthly, or yearly). A periodic tenancy may be implied from the way rent is paid. When a party wishes to end the tenancy agreement by not renewing it in the next period, they must give notice to the other party in advance. The notice that must be given should coincide with the renting period. In other words, if the renewal period is every month, you should give one month notice to the other party if you wish to end the periodic tenancy. If no steps or notices are given for ending a periodic tenancy, it will continue to renew into the next period automatically and last indefinitely.

Periodic tenancies give both landlord and tenants more flexibility but offers less certainty.

Fixed Term

A fixed term lease or tenancy is entered into if the parties agree on a specific length of tenancy, with a specified start and end date. In South Australia, if either the landlord or tenant wants to terminate the tenancy at the end of the fixed tenancy period, they must give the other party a notice of termination at least 28 days before the end of the tenancy. A notice of termination must be made in the valid form.

A fixed term gives both parties more security, but bound both parties to the agreed tenancy period unless there is a ground for termination.

Other grounds for termination a tenancy will be discussed in a future article.

If you would like to discuss your rights and responsibilities as a landlord or tenant, or have a tenancy dispute you require legal assistance with, our experienced lawyers can help. Simply contact us via email at info@straitslawyers.com or give us a call on 8410 9069.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.