This week’s question comes from Rob (paraphrased):  

I want to sell a property that is currently subject to a fixed-term tenancy (term expiring 22nd February 2021). I need some downtime between the tenancy and the listing to tidy up the property. In light of the RTAA, what notice should I give to terminate the tenancy? Also, for the first time, the tenant had missed a rent payment, if I give notice now would that be considered retaliatory?

On the appropriate notice to give in this instance

A termination notice would not be necessary. Seeing that the fixed-term tenancy predates 11 February 2021 and that we are now squarely within the 90-21
days before the end of the term window, Rob can simply give a written notice to discontinue the tenancy once the term expires. Filling out and serving
this Tenancy Services template notice will suffice. Note that Rob will not be terminating the tenancy but rather stopping it from rolling
over into a periodic tenancy at the end of the term. All fixed-term tenancies that pre-date 11 February 2021 can be dealt with in this fashion. 

For fixed-term tenancies that postdate 11 February 2021 the options open to a landlord wishing to sell are

  • Landlord and tenant both agree to end of fixed-term early; or
  • Landlord and tenant both agree to discontinue the tenancy at the end of the term; or
  • Landlord to sell the property with the tenant in situ; or
  • Landlord to give a 90-day notice to terminate so as to put the property on the market to sell so long as the following conditions are met:
    • That the fixed-term tenancy has already rolled into a periodic tenancy on the day the notice would...