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A fixed-term tenancy will automatically continue as a periodic tenancy at the end of the term, unless:

• either the landlord or tenant gives the correct notice to end the tenancy, or
• the tenant and landlord enter into a renewed fixed-term tenancy agreement, or extend the existing tenancy agreement, or otherwise vary the agreement. This can only occur if the landlord and tenant agree, or when a tenant exercises a right in their agreement.

Healthy homes compliance

Continuing a fixed-term tenancy does not change the healthy homes compliance date for the property.

Use the compliance timeframes decision tool to find out when your property needs to comply

Healthy homes compliance timeframes has more information.

Extend

The end date of the tenancy is changed but all other aspects of the agreement remain the same. This only applies to fixed-term tenancy agreements. This can only occur if the landlord and tenant agree or when a tenant exercises a right in their agreement to extend the fixed-term by notifying the landlord at least 21 days before the fixed-term ends.

If the tenant wants to otherwise extend the agreement they should try to negotiate this with their landlord as early as possible before the end of the fixed-term.

Healthy homes compliance

Extending a fixed-term tenancy does not change the healthy homes compliance date for the property.

Use the compliance timeframes decision tool to find out when your property needs to comply

Healthy homes compliance timeframes has more information.

Vary

The terms or conditions of the tenancy agreement are changed, for example responsibilities for lawns and gardens, change of tenants or conditions about having pets at the property. It's different to a renewal or extension as it relates to the terms or conditions rather than the end date of the tenancy.

This change must be in writing and signed by both the landlord and tenant(s) and state what date it takes effect from. It can be written in the tenancy agreement or on a separate document that is then attached to the tenancy agreement. The landlord must give the tenant(s) a copy of this written variation.

A rent increase notice does not require a written variation or tenant signature, as this can be issued without the tenant’s prior agreement (as long as the notice complies with all legal requirements). In some situations, the tenant and landlord may agree to increase the rent due to changes that benefit the tenant, for example, substantial improvements to the premises. In these cases, the increase in rent would be a variation and must meet the above requirements.

Healthy homes compliance

Varying a tenancy does not change the healthy homes compliance date for the property.

Use the compliance timeframes decision tool to find out when your property needs to comply

Landlords are required to include an ‘intent to comply’ statement ‘in the tenancy agreement (or attach it) if a variation occurs.

Intent to comply statement [PDF, 799 KB]

Healthy homes compliance timeframes has more information.

New or renewed tenancy agreements started on or after 1 December 2020 must also include specific information about the rental’s current level of compliance with the healthy homes standards.

Renew

A fixed-term tenancy can be renewed on the same terms and conditions for the same length of time as the original fixed-term tenancy. This can occur if the landlord and tenant agree or when a tenant exercises a right in their agreement to renew the fixed term.

If the tenant wants to renew the agreement by using a right in their tenancy agreement, then they must tell the landlord in writing at least 21 days before the end of the fixed-term.

Healthy homes compliance

Renewing a fixed-term tenancy can have an impact on the healthy homes compliance date and what required statements must be included in the renewed tenancy agreement.

Renewed tenancy signed before 1 July 2021 but ends before 1 July 2025

You will need to include an ‘intent to comply statement' in the tenancy agreement (or attach it).

Intent to comply statement [PDF, 799 KB]

Renewed tenancy signed before 1 July 2021 but ends after 1 July 2025

You will need to include a compliance statement in the tenancy agreement.

Renewed fixed-term tenancy begins on or after 1 July 2021

You must also include a healthy homes compliance statement with the new agreement.

Several other required statements may need to be included in (or attached to) renewed tenancy agreements. This depends on the date the original tenancy began and the date the renewed fixed term period started.

Find out more about required statements

Between 1 July 2021 and 1 July 2025, all private rentals must comply with the healthy homes standards within certain timeframes depending on when the new tenancy starts, or is renewed.

Use the compliance timeframes decision tool to find out when your rental property needs to comply

Some private rentals may have had additional time to comply with the heating standard. That would have depended on whether the property used the new or original heating formula to calculate the required heating capacity for the main living room.