Do Renters Have to Give 28 Days’ Notice at the End of a Fixed Term?
Tang v Ferolino [2025] VCAT 680
Decision date: 30 July 2025
In this case, VCAT was asked whether renters must still give 28 days’ notice under the Residential Tenancies Act when leaving on the final day of a fixed-term lease.
Full Case: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2025/680.html
The Background
The renters had a 12-month fixed-term lease from 9 June 2023 to 8 June 2024.
They returned the keys on 7 June and emailed on 10 June saying they had vacated.
The property was not relet until 24 October 2024.
The rental provider applied to have $1,863.95 released from the bond, claiming the renters breached the Act by failing to give 28 days’ notice.
The Renters’ Argument
The renters said the tenancy naturally ended on 8 June, so notice wasn’t required. They argued:
Section 91Z says a renter “may” give notice, which they interpreted as optional.
Their lease didn’t mention 28 days’ notice.
The landlord’s silence on an earlier lease-extension email confirmed the agreement would end.
VCAT’s Findings
The Tribunal rejected all of these arguments, holding that:
Under s 91B, tenancies only end in ways set out in the Act. The “natural expiry” approach doesn’t apply.
Section 91Z must be read in context—if renters want to leave at the fixed-term end date, they must give 28 days’ notice.
Lease silence or unanswered emails don’t override statutory requirements.
The Tribunal found the renters breached the Act, causing the landlord to lose the opportunity to re-let earlier. Compensation equal to 28 days’ rent was ordered from the bond.
Why It Matters
This case confirms that renters can’t just walk away at the end of a fixed-term agreement. 28 days’ notice is always required. If notice isn’t given, landlords can claim compensation for lost opportunity—usually calculated as 28 days’ rent.
