Owner Occupancy Notice Tasmania: Moving Back Into Your Rental

Needing your rental property back for yourself or a family member is one of the statutory grounds for ending a non-fixed term tenancy in Tasmania. But the Residential Tenancy Act 1997 defines "family member" narrowly, and the Magistrates Court will scrutinise whether your intention is genuine.

Who Qualifies as a Family Member

Under Section 36A and Section 42, a landlord's family member is limited to:

• Your domestic partner (spouse or registered significant partner under the Relationships Act 2003)
• Your son or daughter
• Your parent
• A parent of your domestic partner
• A person who normally lives with you and is wholly or substantially dependent on you

Those are the complete statutory categories. Siblings, nieces, nephews, cousins, and friends do not qualify by relationship alone; a person in any of those groups may qualify under the final category if they normally live with you and are wholly or substantially dependent on you. If the person you want to house does not fit one of these categories, this ground is not available to you.

The 42-Day Notice Period

Owner or family member occupation is a non-fixed term ground only. You cannot use it to end a current fixed-term lease early. If the tenant is on a periodic lease, you must give at least 42 days' notice.

The notice must identify the person who will occupy the premises and their relationship to you. It must also contain all the standard Section 44 requirements: date of service, parties' names, property address, the statutory ground, and the date of effect.

The Genuineness Test

The ground must be genuine. If you serve a notice claiming you are moving back in but actually intend to re-let the property at a higher rent or to a different tenant, the Magistrates Court can find the notice non-genuine and refuse to grant an Order for Vacant Possession.

Under Section 45(3), the Magistrate must be satisfied that the ground for serving the notice was genuine or just. A landlord who terminates a tenancy under false pretences risks:

• Having the application dismissed
• The tenant remaining in possession
• Potential compensation claims from the tenant

There is no formal "re-letting" restriction period in the current Act (unlike some other Australian states), but the genuineness requirement at the hearing stage serves a similar protective function.

Practical Considerations

If you or your family member intend to occupy the property as a primary residence, document that intention before serving the notice. Evidence might include:

• A written statement of your plans (e.g., relocating from interstate, family member's lease ending elsewhere)
• Correspondence with movers or utility connection requests
• Financial records showing mortgage refinancing for owner-occupation

This documentation is not legally required with the notice itself, but it strengthens your position if the tenant challenges the notice at a Magistrates Court hearing.

If the Tenant Does Not Leave

The same 28-day court application window applies. If the tenant remains in possession after the date of effect, you have 28 days to lodge an application for an Order for Vacant Possession. The filing fee is $78.40.

The Ending a Tenancy in Tasmania guide covers the owner-occupation ground in detail, including the family-member definition, worked examples for calculating the 42-day period, and a checklist of what to prepare for a court hearing.

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