More Changes to the Residential Tenancy Regulations

The Tasmanian Government has again changed the notice requirements for employees to vacate on-farm accommodation at the end of their employment.

Previously, the Regulations were amended to allow the employer and employee to agree upon a suitable period to vacate the accommodation at the end of the employment. In such cases it would vary as to whether the employee was for instance single and living in furnished accommodation where the period required to pack and leave was minimal, to an employee with a family and a houseful of furniture who required a longer period.

In conjunction with other peak bodies we prepared a submission to maintain the status quo, that is, the employer and the employee are in the best position to determine the period required for the employee to vacate the accommodation.

However, the latest amendments now require a minimum of three weeks’ notice to be given by the employer to the employee at the end of the employment.

There is nothing in the regulations to state that the three weeks starts on the final date of employment, so it is possible that the notice to vacate can be given at the same time the notice of termination is given.

It should be noted that the residential tenancy legislation and regulations only apply if the employee is actually paying for the accommodation, not when it is being provided without charge or value.

Andrew can prepare appropriate documentation covering both paying and non-paying employees in accommodation.