Posting clauses – what are they and when do they apply?

When signing onto a lease both the landlord and tenant can agree to have an additional term –  ‘fair clause for posted people’ included in the lease (section 8(2)(1)).

This is a reciprocal arrangement whereby either the landlord or tenant can give at least 8 weeks’ written notice for the tenancy to be terminated during a fixed term due to the tenant being posted elsewhere in the course of employment or the landlord being posted back to the ACT in the course of employment.

This is a very specific situation. It only covers posting in current, ongoing employment i.e. a party cannot simply end the tenancy because they have found other work in another city. Section 8(2)(1)(2) states that the notice must be accompanied by evidence of the posting (for example, a letter from the employer confirming the details of the posting.

The tenancy ends 8 weeks after the day the notice is received, or if a later date is stated in the notice – on the stated date.

Since this is not a common situation, if you need further information please give our advice line a call: 6247 2011.

Reviewed: 12/2018

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