Tasmania Primary Production and Rural Tenancy Notice Periods

Farm Worker Housing Follows Different Rules

Most residential tenancy terminations in Tasmania are governed by Part 4 of the Residential Tenancy Act 1997 — the same s 42 grounds, 42-day or 14-day notice periods, and Magistrates Court application process that apply to every landlord. But housing provided to workers on primary production land has a specific exemption under Regulation 9 of the Residential Tenancy Regulations 2025, and it changes the termination framework entirely.

If you are a farm owner who houses workers as part of their employment arrangement, this exemption is the one that applies to you — not the standard termination rules.

The Regulation 9 Exemption

Regulation 9 of the Residential Tenancy Regulations 2025 (as amended by S.R. 2025, No. 44, in force since 1 October 2025) exempts residential premises located on primary production land from s 11 and Part 4 of the Act, provided two conditions are met:

1. The housing is on primary production land and is provided to the employee under a primary production contract
2. The employment contract specifies a minimum termination notice period of 21 days

When both conditions are satisfied, the standard s 42 termination grounds — sale, owner-occupancy, breach, nuisance, renovation — do not apply. The termination is governed by the employment contract, not the Residential Tenancy Act.

What "Primary Production" Covers

The regulations do not define "primary production" with an exhaustive list, but in Tasmanian legislative and administrative practice, primary production includes farming, grazing, horticulture, viticulture, aquaculture and forestry. If the land's primary use is producing agricultural or horticultural goods, and the housing is tied to employment on that land, the exemption is in play.

Housing that happens to be near a farm but is let independently as a residential rental — not connected to an employment contract — does not qualify. The link between the primary production contract and the accommodation is what triggers the exemption.

The 21-Day Minimum

The exemption requires the employment contract to specify a termination notice period of at least 21 days. If the contract is silent on notice periods, or specifies fewer than 21 days, the exemption under Regulation 9 does not apply — and the standard Part 4 termination rules kick in, with their longer notice periods and s 42 ground requirements.

For farm owners: ensure the primary production contract explicitly includes a termination clause with a minimum 21-day notice period. This is a drafting issue, not a regulatory registration — there is no form to file.

What Happens When the Employment Ends

If the worker's employment ends (by resignation, termination or contract expiry), the 21-day notice in the contract governs when the worker must vacate the premises. The farm owner serves written notice in accordance with the contract terms.

If the worker does not vacate after the notice period expires, the farm owner's enforcement options depend on the contract. Because Part 4 of the Act does not apply, the standard Magistrates Court application for an Order for Vacant Possession under s 45 may not be available. The farm owner may need to pursue possession through general civil proceedings — a more complex and potentially costlier path.

This is one area where farm owners benefit from getting the employment contract right at the outset. A clear contract with an explicit 21-day notice period, combined with a clause specifying the dispute resolution mechanism for accommodation, avoids the ambiguity that arises when the standard tenancy framework is excluded but no contractual alternative is specified.

Police Housing — A Parallel Exemption

Regulation 10 of the Residential Tenancy Regulations 2025 provides a similar exemption for residential premises made available to police officers as part of their employment. The exemption removes those premises from Part 4 termination provisions; the 21-day minimum described above applies to the primary production exemption under Regulation 9.

Standard Residential Tenancies on Rural Land

If you own a residential property on rural or agricultural land but the tenant is not an employee under a primary production contract — for example, the house is let as a standalone rental to someone who works elsewhere — the Regulation 9 exemption does not apply. The full Residential Tenancy Act 1997 applies, including Part 4 and the s 42 termination grounds.

Getting It Right

If you are a farm owner with worker housing, check that your employment contracts include the 21-day minimum notice clause. If you are a rural landlord with a standard residential tenancy, the Ending a Tenancy in Tasmania guide covers the full s 42 termination process — grounds, notice periods, service rules and Magistrates Court filing steps.

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