LEGISLATION

Posting clause

The gist of the legislation

You can give 8 weeks’ notice for your tenant to vacate in a fixed term tenancy if you return from a posting and need to move back into your property.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

You’ll need a posting clause in your fixed term tenancy agreement if you are on a posting and you might need to move into your property

2.

A tenant will likely request a posting clause in the fixed term tenancy agreement if they are in a job where they may be posted

3.

If you put a posting clause in your fixed term tenancy agreement, you invertedly cover your tenant if they are required to go on a posting for their job.

4.

A posting clause in the agreement allows a tenant to vacate during a fixed term tenancy with only 8 weeks’ notice. Typically, a tenant would have to wait util the end of the fixed term and then provide notice.

5.

When a posting clause is triggered by a tenant, they will not have to contribute to any breach costs such as gap rent or re-advertising.

6.

A posting clause in the agreement allows you to provide only 8 weeks’ notice to the tenant during a fixed term tenancy if you want to move into the property. Typically, you’d need to wait until the end of the fixed term and then provide notice.

  1. Take note that the posting clause notice period used to be only 4 weeks. A few years ago, it was increased to 8 weeks, make sure you are all over the timeframes.  
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  2. Remember both you and the tenant must agree to having a posting clause in the fixed term tenancy agreement. We’ll always let you know when a tenant has requested this clause and you can decide if agree or not.  
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  3. Defence jobs are most common when it comes to posting clauses; however, we have seen teachers and other non-defence professions trigger this clause. If your job situation changes and you need to add a posting clause, let us know as soon as possible.