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Decisions of Interest: Termination of a fixed-term tenancy

The common misconception about Section 60A is that tenants may believe notice can only be provided when the fixed term transitions to a periodic one.

However, this case and the authority of Section 60A (2) (d) dispels this notion.

Case Overview

The landlord initiated the termination of a fixed-term tenancy through a notice dated December 21, 2022, providing 90 days’ notice due to the owner’s plan to market the premises within 90 days after the termination date.

The owner, providing evidence, had already commenced the listing process with a real estate agent and planned to occupy the premises for necessary work before the sale.

The fixed-term tenancy, scheduled to end on March 18, 2023, had a termination date set for March 21, 2023, as per the notice. Despite this, the tenant continued to remain in possession after the specified termination date.

The termination date in the notice aligned with the end of the fixed term, validating the landlord’s proper notice. As a result, the landlord was entitled to possession, and the tenancy was considered terminated as of March 21, 2023.

So, what is the common misconception about Section 60A (2) (d)?

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