Tasmania Significant Renovation and Demolition Notice to Vacate

The Renovation Ground Is Narrower Than Most Landlords Think

Section 42(1)(b)(iii) of the Residential Tenancy Act 1997 allows a landlord to terminate a non-fixed-term tenancy when the property will be significantly renovated. Section 42(1A) sets the threshold, which most renovation projects do not meet.

A council development approval does not automatically satisfy it. Painting walls, replacing carpet or upgrading a kitchen does not satisfy it. The ground exists for structural work that makes the property unfit to live in — and the landlord must prove that unfitness, not merely assert it.

What the Threshold Actually Requires

The planned works must render the premises either:

1. Unfit for the tenant to live in while the works take place, or
2. A risk to health or safety for the tenant, visitors or contractors if the tenant remains during construction.

The second limb is a separate health-and-safety test; it does not require the tenant to be physically unable to stay. Cosmetic upgrades — even expensive ones — that do not make the premises unfit or create a health-or-safety risk do not qualify.

If the Magistrates Court hears the application and finds the works fall below this threshold, the court may refuse the Order for Vacant Possession. The notice cannot support that possession application; the landlord must rely on another valid ground if one applies.

Council Approval Is Separate from Tenancy Law

A building or planning permit from Hobart City Council, City of Launceston or any regional council authorises the construction work. It says nothing about whether the landlord can remove the tenant to do it. The permit is a planning instrument; the Notice to Vacate is a tenancy instrument, and each has its own legal test.

A building or planning permit for major structural work does not by itself establish the s 42(1)(b)(iii) threshold. The landlord must demonstrate how the work meets either statutory limb in the Notice to Vacate's particulars and, if contested, at the Magistrates Court hearing.

Notice Requirements

The renovation ground under s 42(1)(b)(iii) requires a minimum 42-day notice period on a non-fixed-term tenancy. The notice must:

• State the statutory ground and the specific factual basis (the scope of works and why the property will be unfit for occupation or pose a health-or-safety risk)
• Contain all mandatory s 44 content: names, address, service date, date of effect
• Be served by a valid method — personal delivery, prepaid post (with postal transit factored in) or email with prior written consent

If the works are planned on a fixed-term lease, the renovation ground does not apply. You would need to wait for the fixed-term to expire and serve within the 42-to-60-day window, or negotiate a mutual termination with the tenant.

Demolition as a Subset

Demolishing a building plainly meets the uninhabitability test — the property will not exist. Some landlords pursue demolition to rebuild or to sell vacant land. The ground and notice process are the same as for renovation. The key practical difference is that a demolition project typically produces a clear paper trail (demolition contractor engagement, council demolition permit) that makes the genuineness of the ground easier to prove at a hearing.

If the landlord demolishes and rebuilds as a new residential rental, there is no obligation under Tasmanian law to offer the former tenant a lease on the new property.

What Happens If the Tenant Disputes It

If the tenant does not vacate after the date of effect, the landlord applies to the Magistrates Court for an Order for Vacant Possession within 28 days. The Magistrate will assess:

• Whether the notice complied with s 44 and was served correctly
• Whether the ground is genuine — specifically, whether the renovation is extensive enough to make the property uninhabitable
• Whether the tenant failed to vacate

Producing the scope of works, contractor quotes, architectural plans and the council permit (if applicable) strengthens the genuineness argument. A vague notice that says "I plan to renovate" without specifics is unlikely to survive judicial scrutiny.

Planning Your Renovation Termination

The Ending a Tenancy in Tasmania guide covers every s 42 ground in detail, including the renovation and demolition ground, the notice requirements, date calculation and the Magistrates Court application checklist. If the works are large enough to require a s 42(1)(b)(iii) notice, the guide's step-by-step workflow helps you assemble the right evidence before you serve.

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