7 Short fixed-term tenancies

(1)

Subject to subsection (2), nothing in sections 25 to 28 and 51 shall apply to a fixed-term tenancy of not more than 90 days if, before the commencement of the tenancy, the parties agree in writing that the tenancy will not be extended or renewed to give a total length of the term in excess of 90 days.

(2)

Where such a tenancy is extended or renewed, whether once or more than once, with the result that the total length of the term exceeds 90 days, on the expiry of that period of 90 days the tenancy shall become subject to sections 25 to 28 and 51 (as well as all the other provisions).

(2A)

The parties may not enter into a fixed-term tenancy of not more than 90 days for the purpose of using that tenancy as a trial-period for ascertaining the desirability of extending or renewing the tenancy.

(2B)

The Tribunal may, on the application of a tenant or former tenant who is or who was a party to a fixed-term tenancy of not more than 90 days, order the extension or renewal of that tenancy on any terms that the Tribunal thinks just if the Tribunal is satisfied that—

(a)

the tenancy was granted in breach of subsection (2A); and

(b)

the proposed extension or renewal will not prejudice third parties who are not in any way involved in the breach.

(3)

For the purposes of this section, the term fixed-term tenancy includes such a tenancy terminable by notice.

Section 7(1): amended, on 1 October 2010, by section 8(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 7(2): amended, on 1 October 2010, by section 8(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 7(2A): inserted, on 1 October 2010, by section 8(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 7(2B): inserted, on 1 October 2010, by section 8(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).