Residential Tenancies Amendment Bill

  • enacted
36 Section 55 amended (Termination on non-payment of rent, damage, or assault)

(1)

After section 55(1)(a), insert:

(aa)

the tenancy is a periodic tenancy and—

(i)

on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and

(ii)

on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice (see sections 77(1) and 78(1)(a) regarding the Tribunal); and

(iii)

each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and

(iv)

the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice; or

(2)

In section 55(1A), replace “under this section” with “under subsection (1)(a)”.

(3)

In section 55(1A)(b), replace “this section” with “any of paragraphs (a), (b), and (c) of subsection (1)”.