Residential Tenancies Amendment Bill

  • enacted
39 Section 60A amended (Fixed-term tenancy becomes periodic unless contrary notice given)

Replace section 60A(2) to (6) with:

(2)

However, the tenancy does not continue as a periodic tenancy if,—

(a)

before the expiry, the parties renew or extend the existing tenancy agreement; or

(b)

before the expiry, the parties agree not to continue with the tenancy; or

(c)

at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy; or

(d)

before the expiry, a party gives notice as mentioned in section 50(1)(a), (ab), or (b) that terminates the tenancy on or before the expiry or that would do if the tenancy were already periodic.

(3)

Subsection (4) applies if—

(a)

a tenancy continues as a periodic tenancy under subsection (1); but

(b)

before the continuation, a party gave notice as mentioned in section 50(1)(a), (ab), or (b) that would, if the tenancy had been fixed-term throughout or periodic throughout, terminate the tenancy from a time after the continuation.

(4)

The tenancy is terminated with effect from that time (and the termination is to be treated as falling within section 50(1)(a), (ab), or (b) as appropriate).