December 2024
Reading Time: 3 Minutes
As the holiday period rapidly approaches landlords should be aware of potential delays in serving notice and the importance of appointing a representative for extended holidays. Here’s how to avoid seasonal traps.
Landlords and home occupiers should be aware of a quirk of tenancy law, which impacts the service of notice during the holiday period.
While under the Residential Tenancies Act, the notice period itself never changes, the SERVICE of that notice can change and may cause considerable delays at this time of year. This is relevant for all types of notice – including notices to vacate and for arrears - and also applies to tenants giving notice.
Essentially, under the law, if someone is not seen as served by the 22nd of December, you must add all the days between 23 December and 3 January to the service period.
Here’s an example: If you posted a 28-day notice on the 20th of December this year, you would have to include four working days for service, then notice kicks in the day after that.
Therefore, the four working days after the 20th of December would be the 6th to the 9th of January, with the notice period beginning after these dates.
In total, it would be 49 days from when the notice was posted to the end date of the tenancy.
However, if you emailed the notice before 5pm on the 20th, it would be seen as served the same working day and the 28-day notice period would begin from then.
To avoid substantial delays, Crockers recommends email as your preferred service method, supported by a posted notice.
Another trap to be sure not to fall into this holiday period is failing to appoint a representative when going on an extended holiday.
If you’re a private landlord about to set off on holiday for more than 21 days, you may be fined if you don’t appoint a representative.
Private landlords who take an extended break of more than 21 consecutive days must ask someone to manage their property in their absence.
Before you go on an extended holiday you need to:
If you fail to take these steps, then under the Residential Tenancies Act you could be liable for exemplary damages of up to $1500.
Read more: How Can Landlords Avoid Fines When Going Overseas?
If you already have a property manager, such as Crockers, then the process is easy. Simply let us know you are going away, as we are already appointed as your representative. If you don’t have a property manager and you’re going away for much longer than 21 days, it’s worth considering engaging one. After all, it’s a lot to ask a friend or family member to be on constant call when they’re not being paid.
Call 0800 CROCKERS or Call 0800 2762 5377
