When is the deadline for residential tenancy: landlord's application for possession after a notice of termination?
The catalogue records a 1 month period from The day on which the tenant is to give up vacant possession in accordance with the notice of termination. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- The day on which the tenant is to give up vacant possession in accordance with the notice of termination
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- SACAT Act s 66 (relief from time limits) may apply, but the consequence in s 92A is that the notice itself becomes ineffectual, which is a substantive result rather than a procedural default.
- Hard use-it-or-lose-it rule: if the tenant does not vacate and the landlord does not apply to SACAT for possession within 1 month after the possession day fixed by the notice, the notice is void and the tenancy is taken never to have been terminated. A fresh notice is then required.