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(1)(b)).

This is a reciprocal arrangement whereby either the landlord or tenant can give 4 weeks’ written notice for the tenancy to be terminated 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.

Note – for agreement from 24 August 2017 the notice period is 8 weeks.

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. This means that a tenant (and equally a landlord) can ask for proof from the employer that the landlord is being posted to the ACT and therefore needs to move into the property.

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

Reviewed: 29/8/2017

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