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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 327
Notice of intention to leave
327 Notice of intention to leave
(1) A notice of intention to leave premises must— (a) be in the approved
form; and
(b) be signed by or for the tenant; and
(c) identify the premises;
and
(d) state the tenant intends handing over vacant possession of the
premises to the lessor on the day stated in the notice (the
"handover day" ); and
(e) state— (i) the ground on which the notice is
given; or
(ii) that the notice is given without ground; and
(f) unless the
notice is given without ground—give particulars of the ground on which the
notice is given.
(2) The handover day stated in the notice of intention to
leave must not be before the end of the minimum notice period for the notice.
(3) A notice of intention to leave given for a periodic agreement is not
ineffective because the handover day is not— (a) the last day of a period of
the tenancy; or
(b) another day the tenancy would have ended if this Act had
not been enacted.
Note— See also section 349 (2) .
(4) A notice of
intention to leave given for a fixed term agreement is not ineffective merely
because the handover day is earlier than the day the term ends unless the
minimum notice period for the notice must not end before the day the term
ends.
(5) Subsection (4) does not prevent a notice of intention to leave
being given to a lessor at any time before the end of the term of the fixed
term agreement.
(6) In this section—
"minimum notice period" , for a notice of intention to leave, means the notice
period stated for the notice in schedule 1 , part 2 .
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