Who is an excluded occupier?

A tenant could be referred to as an ‘excluded occupier’ if he or she resides with the landlord and shares any common spaces such as the kitchen or bathroom. In this situation, the landlord is not required to deliver a written notice to vacate, but should at least give what is called ‘reasonable notice'. This can be verbal if that is what the landlord prefers. The time period for reasonable notice is usually the rental term, so if rent is paid on a fortnightly basis, a fortnight’s notice should be issued. The landlord is allowed to change the locks if the tenant refuses to vacate by the set date.

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