Residential Tenancies Amendment Bill

  • enacted
35 New section 53B inserted (Special provisions for notice terminating social housing tenancies)

After section 53A, insert:

53B Special provisions for notice terminating social housing tenancies

(1)

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

(a)

the tenancy—

(i)

was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or

(ii)

was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but

(b)

following the grant of the tenancy,—

(i)

the social housing provider is notified under section 103 of that Act that the tenant is no longer eligible for social housing; or

(ii)

in the case of community housing, the community housing provider ceases to be a registered community housing provider; or

(iii)

the social housing provider considers that the tenant should be transferred to other social housing because of the tenant’s needs, the social housing provider’s operational needs, or the needs of the community.

(iii)

the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that

(A)

the transfer is necessary or desirable for any reason; and

(B)

the other housing is appropriate for the tenant’s housing needs as most recently assessed by the agency and notified to the provider under section 103 of the Public and Community Housing Management Act 1992 (regardless of when that assessment and notification took place).

(2)

In this section, agency, community housing, community housing provider, Kāinga Ora housing, registered community housing provider, social housing, and social housing provider have the same meanings as in section 2(1) of the Public and Community Housing Management Act 1992.