Serving tenancy notices by post: a state-by-state guide for property managers

New South Wales

The Residential Tenancies Act 2010 (s 223) allows a notice to be sent by post to the address the tenant gave for service, or otherwise their last known home or business address. Registered post isn't required.

Under the Interpretation Act 1987 (s 76), a posted notice is taken to be served on the 7th working day after posting. NSW Fair Trading says to add 7 working days for a posted termination notice, not counting weekends and public holidays, then start the notice period the day after.

Email counts only when sent to an address the tenant has given for service of notices.

Victoria

A notice to vacate must be delivered by hand, by email if the renter has consented, or by registered post addressed to the renter at the rented premises (Residential Tenancies Act 1997, s 506). It must be in the prescribed form.

A notice sent by registered post is taken to be served when it would ordinarily be delivered by registered post. No fixed number of days is set: Consumer Affairs Victoria says to allow enough time and check Australia Post's delivery times.

Other notices, such as a rent increase or entry notice, can go by ordinary post to the renter's usual or last known address.

Queensland

Notices can be posted to the tenant's last known home or business address (Acts Interpretation Act 1954, s 39). A notice to leave must be on the approved Form 12.

A posted notice is taken to be served when it would be delivered in the ordinary course of post (s 39A). The Residential Tenancies Authority says the first day of the notice period is the day after the notice arrives, to check Australia Post's delivery times, and that you can allow an extra day to be safe.

Email can be used only if it's agreed in the tenancy agreement.

ACT

A termination notice can be sent by prepaid post to the tenant's last known address, or the address for service they gave at the start of the tenancy. Notices to vacate can't be served by email or text alone.

A posted document is taken to be served when it would be delivered in the ordinary course of post (Legislation Act 2001, s 250). The ACT Renting Book's worked example allows 5 working days. The Evidence Act presumes a posted article arrives on the 7th working day, which is the safer count.

Western Australia

The Residential Tenancies Act 1987 (s 85) allows a notice to be posted to the address the tenant gave for mail, or their last known home, work or business address. Termination, breach, entry and rent increase notices must be on the prescribed forms.

A posted notice is taken to be given when it would be delivered in the ordinary course of post. Consumer Protection recommends allowing at least 2 days for Perth metro and more for the country, on top of the notice period.

Consumer Protection says not to use certified mail for notices, and to keep a copy of each notice with a signed note of how and when it was sent.

Tasmania

The Residential Tenancy Act 1997 doesn't set a way to serve notices, so the Acts Interpretation Act 1931 applies: a notice can be posted to the tenant's last known home, postal or business address.

A properly addressed and prepaid letter is taken to be served when it would be delivered in the ordinary course of post, unless shown otherwise. CBOS says notice periods are clear days, and notices can't be served on a public holiday.

Northern Territory

The Residential Tenancies Act 1999 (s 154) allows a notice to be posted to the tenant's usual or last known home or business address, or sent electronically under the Electronic Transactions Act.

The Act doesn't say when a posted notice counts as given. The Territory's Interpretation Act treats a document sent by prepaid post as served when it would be delivered in the ordinary course of post. Check NT Consumer Affairs' notice forms for how to count the period.