Tasmania Residential Tenancy Termination Grounds: Every Lawful Reason

Tasmania does not allow landlords to end a tenancy without a statutory reason. Every Notice to Vacate must cite a specific ground under Section 42 of the Residential Tenancy Act 1997. Here is every lawful ground available, what it requires, and which lease type it applies to.

Fixed-Term Expiry — Section 42(1)(a)/(ab)

Notice period: 42 days, served within the 42-to-60 day window before the lease end date. Lease type: Fixed-term only.

The most straightforward ground — the lease is ending and you want the tenant to leave. But timing is everything. Serve the notice outside the 42-to-60 day window and it fails. If the window passes without a valid notice and the tenant remains in occupation and keeps paying rent, the lease automatically converts to a periodic tenancy.

Rent Arrears — Section 42(1)(b)

Notice period: 14 days. Lease type: Both fixed and non-fixed term.

The tenant owes rent. The notice must state the exact dollar amount due on the date the notice takes effect. If the tenant pays the full arrears within the 14-day period, the notice is void — unless this is the third arrears notice in a 12-month rolling period, in which case payment does not save the notice.

Breach of Lease (Non-Rent) — Section 42(1)(b)

Notice period: 14 days. Lease type: Both.

The tenant has breached a term of the lease or a statutory duty, other than failing to pay rent. The notice must describe the specific breach with enough detail for the tenant to understand what they need to fix. If the tenant remedies the breach within 14 days, the notice is void. The three-strike recurrence exception applies to rent-arrears notices, not non-rent breaches.

Substantial Nuisance — Section 42(1)(c)

Notice period: 14 days. Lease type: Both.

The tenant is causing or permitting substantial nuisance on or from the premises. This is a higher threshold than simple annoyance — the behaviour must be genuinely disruptive. Unlike arrears and breach, there is no statutory right to cure a nuisance notice, though the Magistrates Court still assesses genuineness.

Property Sale — Section 42(1)(d)

Notice period: 42 days. Lease type: Non-fixed term only.

An executed (signed) contract to sell or transfer the property must exist before the notice is served. Attach a copy (financials can be redacted) to the notice. Without a signed contract, this ground is unavailable.

Owner or Family Occupation — Section 42(1)(e)

Notice period: 42 days. Lease type: Non-fixed term only.

The owner or a defined family member (domestic partner, child, parent, partner's parent, or a person who normally lives with the owner and is wholly or substantially dependent on them) intends to live in the property. The intention must be genuine.

Significant Renovation — Section 42(1)(f)

Notice period: 42 days. Lease type: Non-fixed term only.

The planned works must make the property unfit for habitation or pose an immediate health or safety risk to the tenant, visitors, or contractors during the works. Council building approval alone does not qualify — the statutory test is about livability during the works, not planning permission. Cosmetic upgrades do not meet the threshold.

Cessation of Residential Use — Section 42(1)(g)

Notice period: 42 days. Lease type: Non-fixed term only.

The owner intends to use the premises for a purpose other than residential rental — for example, converting it to commercial use.

Mortgagee Repossession — Section 42(1)(h)

Notice period: 60 days. Lease type: Both.

A lender is foreclosing on the property to recover money owed by the owner. This is the longest notice period in the Act.

Social Housing Criteria — Section 42(1)(da)

Notice period: 42 days. Lease type: Social housing only.

This ground applies when a social housing tenant exceeds an applicable income or asset threshold under Regulation 15 and Schedules 2 and 3 of the Residential Tenancy Regulations 2025. Before making an Order for Vacant Possession, the Court must confirm that vacating would not cause unreasonable financial or social disadvantage to the tenant under the Commissioner's guidelines.

No "No-Cause" Ground

Unlike some jurisdictions, Tasmania has no provision for ending a tenancy without stating a reason. Every notice must fit one of the grounds above, and the Magistrates Court verifies genuineness at the hearing stage.

The Magistrates Court also refuses orders where a notice was retaliatory — served because the tenant exercised a statutory right such as requesting repairs or complaining about property conditions.

For detailed guidance on each ground — including the evidence required, worked timeline examples, and the court process if the tenant does not leave — the Ending a Tenancy in Tasmania guide covers every ground in the Act.

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