NT Periodic Tenancy 60 Day Notice — No Grounds Termination

The 60-Day Rule Since 2 January 2024

If you are ending a periodic tenancy in the Northern Territory without a specific fault-based ground, section 89 of the Residential Tenancies Act 1999 is the provision you use. Since the Residential Tenancies Legislation Amendment Act 2023 took effect on 2 January 2024, the minimum notice period for no-grounds periodic termination is 60 clear days for agreements entered into on or after that date.

This replaced the former 42-day notice period. Agreements that commenced before 2 January 2024 still follow the 42-day rule — until they end or are replaced by a new agreement.

The form is Form RT05 (Notice of Intention to Terminate Tenancy Agreement by Landlord/Agent), downloaded from NT Consumer Affairs. You tick the section 89 box and do not need to state a reason for the termination.

How to Count 60 Clear Days

The NT uses "clear days" under the Interpretation Act 1978. This is where most landlords get tripped up:

• Day 0 — the day you personally serve the notice. This day does not count.
• Day 1 starts the next calendar day.
• Day 60 is the last day of the notice period.
• Vacant possession is deliverable on Day 61 — the day after the notice period expires.

If you serve by post, add standard postal transit time before the 60-day clock starts. The notice is not "served" until it arrives at the tenant's address. For registered post between Darwin addresses, allow 3–5 business days; between Darwin and Alice Springs or remote centres, allow longer.

Worked Example

You personally hand Form RT05 to your tenant on 15 January. Day 0 is 15 January. Day 1 is 16 January. Counting forward 60 calendar days, Day 60 falls on 16 March. The termination date on the form should be 16 March (or later). Vacant possession is required on 17 March.

Set the date even one day early and the entire notice is invalid.

The 42-Day Transitional Track

If the periodic tenancy agreement was entered into before 2 January 2024, the old 42-day notice period still applies. But be careful with rollovers: if a pre-2024 fixed-term lease expires and converts into a periodic tenancy under section 83 (because neither party served notice), that new periodic tenancy started after the reform date. The 60-day rule applies to it.

What the Tenant Can Do

When you serve a section 89 notice, the tenant has two options:

1. Vacate by the termination date and return the property in acceptable condition.
2. Leave earlier. Under section 103(2), the tenant can give you written notice and vacate before your termination date. They are not liable for rent beyond their departure date.

The tenant can also ask NTCAT to review the notice under section 84 if they believe it was served in retaliation for exercising a legal right (requesting repairs, complaining to Consumer Affairs, applying to NTCAT). If NTCAT agrees, the notice is void.

If the Tenant Does Not Leave

You cannot change the locks or cut utilities. If the tenant remains after the termination date:

1. File NTCAT Form 1 (Initiating Application) seeking a termination order and order for possession.
2. Serve the sealed Form 1 and NTCAT's Standard Orders on the tenant.
3. NTCAT hears the matter and, if satisfied, issues an Order for Possession.
4. If the tenant still does not leave, register the order with the NT Local Court for enforcement by a court bailiff.

NTCAT can suspend the possession order for up to 90 days if the tenant demonstrates severe hardship.

Getting the Dates Right

The 60-day notice is straightforward in principle but punishing in execution. One miscounted day and you start over from scratch. The NT Ending a Tenancy Guide includes a clear-days calculation worksheet and a notice pre-service audit checklist that walks through the date arithmetic step by step.

See more Northern Territory guides →