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Member Helpline Q&A
One of the more significant changes under the Residential Tenancies Act 2010 enables a tenant to vacate premises after a landlord commences the eviction process by serving a termination notice.
In such cases, section 110 provides that the tenant is not liable to pay any rent for any period after the tenant gives up vacant possession of the premises to the landlord, even if vacant possession is given before the termination date specified in the notice.
However, there is one exception. Where a tenant is served an end of fixed term termination notice, a tenant may give vacant possession of the residential premises at any time before the termination date but is still liable to pay rent up until the end of the fixed term.
This exception was originally contained in clause 13 of the Residential Tenancies Regulation 2010, but is now contained in section 110(3) of the Residential Tenancies Act 2010.
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