Residential Tenancies Amendment Act 2024: Key Changes Benefiting Landlords

The Residential Tenancies Amendment Act 2024, which came into force on 30 January 2025, introduces several changes to tenancy termination rules that provide landlords with greater control and flexibility over their rental properties. These amendments address previous concerns about landlords’ ability to manage their investments effectively while maintaining fairness for tenants.

1. Restoring Landlord Control Over Periodic Tenancies

One of the most significant changes is the reintroduction of no-cause terminations for periodic tenancies. Under the new law, landlords can end a periodic tenancy by providing 90 days’ notice, without needing to give a specific reason. This change restores landlords’ ability to manage their properties, ensuring they are not locked into indefinite rental agreements.

Additionally, landlords can now issue a 42-day termination notice (a reduction from 90 days’ notice) in cases where:

• The owner or their family member intends to move into the property for at least 90 days.
• The property has been sold with vacant possession required as part of an unconditional agreement.
• The property is needed for occupation by employees or contractors, provided this was outlined in the tenancy agreement.

These provisions allow landlords to respond to changes in personal or business circumstances more efficiently.

2. Greater Flexibility for Fixed-Term Tenancies

Another major amendment benefits landlords by providing more flexibility when fixed-term tenancies end. Previously, fixed-term tenancies automatically converted into periodic tenancies unless strict criteria were met. Under the new law:

• Either the landlord or tenant can end the fixed-term tenancy with at least 21 days’ notice (but no more than 90 days) before the contract expires.
• No specific reason is required for ending the agreement.
• If no notice is given within this timeframe, the tenancy will convert to a periodic tenancy.

This ensures that landlords are not forced into periodic agreements and can reassess their rental strategy after a fixed-term lease ends.

3. Safeguards Against Retaliatory Termination Claims

While the Act reinforces protections against retaliatory terminations, it also provides greater clarity on what constitutes a retaliatory eviction. Tenants who claim they were evicted unfairly must apply to the Tenancy Tribunal within 12 months of receiving their notice. However, if they want to challenge the termination notice, they must make an application to the Tenancy Tribunal within 28 working days.

This reduces uncertainty for landlords by ensuring that disputes are resolved in a timely manner rather than dragging on indefinitely.

Conclusion: A Balanced Approach for Property Owners

The Residential Tenancies Amendment Act 2024 marks a positive shift for landlords, restoring their ability to manage properties effectively while maintaining fair protections for tenants. The return of no-cause terminations, clearer fixed-term lease rules, and

structured dispute resolution mechanisms provide landlords with greater certainty, flexibility, and control over their rental investments.

However, it is important to remember that the notice requirements in residential tenancy law are strict, and we recommend that you seek advice when terminating a tenancy to ensure that your termination is not able to be challenged in the Tenancy Tribunal. Our specialist advisors are able to assist you with this process.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.