I don’t want to diminish the seriousness of this piece by quoting Spiderman but the return of the 90-day no-fault termination from today brings to mind the ever-enduring Marvel maxim that with great power comes great responsibility. Sure, there’s finally room to breathe but know this: flexibility is not freedom, the RTA is still very much interested in protecting tenants against what it sees as the whims of the landlord. And if you are sitting on a stack of termination notices in the lead up to today, let’s talk.
Sure Parliament has loosened termination restrictions, but it has done so while simultaneously strengthened protections against retaliatory notices. The bar for proving retaliatory termination has been made much lower, and tenants’ rights to challenge notices have broadened significantly. Make no mistake, the Tribunal will be watching closely.
You see, 90-day was never a no-cause. There is aways a cause, a reason. And knowing your reason to terminate and how it relates to RTA’s very specific definition for retaliation is more important than ever before now that tenants have 12 months to apply for exemplary damages. $6,500. Yikes.
Red Flags You Can’t Ignore
Before issuing that notice, consider these warning signs:
- Has your tenant recently requested repairs or maintenance?
- Did they contact Tenancy Services about their rights?
- Have there been any disputes about property conditions?
- Did they raise concerns about compliance matters?
- Have they complained about your manners and conduct during an inspection?
- Are you currently under a TCIT assessment?
Any of these could transform your “no-fault” termination into a lengthy Tribunal hearing about retaliation.
Protecting Yourself
Smart landlords should:
- Documenting their genuine reasons (even if not required)
- Reviewing their recent tenant interactions thoroughly
- Consulting their property managers and tenancy/legal advisers before acting
- Considering whether alternative solutions might work better
The Modern Rental Landscape
These changes aim to modernise our rental sector for 2025 and beyond. But make no mistake – while landlords have gained flexibility, tenants have gained robust protections. The successful landlord will be the one who understands both sides of this equation.
So you see, no superpower after all. We are all still, very much, as human as human can be.
I’m running a practical online training session on Monday, 17 February canvassing these changes alongside many others. It will help you navigate the new tenancy laws with confidence. I look forward to presenting to you then.
Remember: No one wants to explain their termination notice to an adjudicator. When in doubt, get advice first.
Sarina Gibbon
Sarina Gibbon is the general manager of the APIA.
Disclaimer: This article provides general guidance only and should not be relied upon as legal advice. Specific situations may vary, and you should seek professional legal advice for your particular circumstances.
Add Comment