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Periodic tenancies, tenancies at will and tenancies at sufferance

This guidance note provides comprehensive coverage of the complex legal landscape surrounding periodic tenancies and related tenancy types. Practitioners must understand the nuanced distinctions and jurisdictional variations that affect tenancy creation, termination, and notice requirements across Australia.

Topics Covered

  • What are periodic tenancies?
  • How are periodic tenancies terminated?
  • Termination rules by jurisdiction
  • Tenancies at will and tenancies at sufferance

Essential Insights

  • Assess critical jurisdictional differences affecting tenancy termination and notice periods.
  • Understand how tenancy at will and tenancy at sufferance differ in landlord consent and termination.
  • Recognise that notice timing and formality can alter tenancy end dates significantly.
  • Evaluate the implications of “holding over” clauses and implied tenancy periods under common law.
  • Explore key statutory provisions shaping periodic tenancy frameworks across Australian states and territories.

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