Residential Tenancies Amendment Act 2020

32 Section 51 amended (Termination by notice)

(1)

Replace section 51(1) and (2) with:

(1)

A landlord may terminate a periodic tenancy by giving at least 63 days’ notice if—

(a)

the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family; or

(b)

the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of the landlord or by contractors under contracts for services with the landlord, and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required for that use; or

(c)

the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of a school board of trustees or by contractors under contracts for services with a school board of trustees, and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required for that use; and

(iii)

the landlord is the Ministry of Education.

(2)

A landlord may terminate a periodic tenancy by giving at least 90 days’ notice if—

(a)

the premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition; or

(b)

the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession; or

(c)

the landlord is not the owner of the premises and the landlord’s interest in the premises is due to end; or

(d)

the landlord or owner has acquired the premises to facilitate the use of nearby land for a business activity and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required to be vacant of residential tenants to facilitate that use; or

(e)

the premises are to be converted into commercial premises for at least 90 days by the landlord or owner; or

(f)

extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and—

(i)

it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and

(ii)

the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date; or

(g)

the premises are to be demolished and the demolition is to begin, or material steps towards it are to be taken, within 90 days after the termination date.

(2A)

In subsection (2)(f) and (g), taking a material step means applying for regulatory consent, seeking engineering or other professional advice, or taking any other significant step.

(2B)

A tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.

(2)

In section 51(3)(ca), replace “in any case where the tenant is given less than 90 days’ notice,” with “if the notice is given by the landlord,”.

(3)

In section 51(7), after “subsection (2)”, insert “or (2B)”.

(4)

After section 51(9), insert:

(10)

In subsections (1) and (2), termination date means the date of termination provided for by the notice of termination given by the landlord (regardless of when termination in fact occurs).