53 Special provisions for notice terminating service tenancies

(1)

The landlord or the tenant must give a minimum period of notice of 14 days to terminate a service tenancy if the contract of service or, as the case requires, the contract for services has been terminated or either party has given notice to terminate that contract (subject to subsections (2) to (7)).

(2)

Where the contract of service or, as the case requires, contract for services is terminated, or the tenant is transferred to another district, on less than 14 days’ notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if—

(a)

the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or

(b)

it is necessary for the conduct of the landlord’s business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.

(3)

No notice under this section shall have effect to terminate a service tenancy on a date preceding the date on which the termination of the contract of service or, as the case requires, contract for services or the transfer of the employee takes effect.

(4)

Where the tenant of a service tenancy dies leaving any dependant residing in the premises, the minimum period of notice required to be given by the landlord to terminate the tenancy shall, subject to subsection (5), be 14 days.

(5)

In any case to which subsection (4) applies, the landlord may terminate the tenancy by the giving of notice of less than 14 days, but not less than 5 days, if it is necessary for the conduct of the landlord’s business at the place of business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.

(5A)

Section 50A does not limit subsection (4) or (5).

(6)

Without limiting anything in subsections (2) to (5), in respect of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971, the landlord may terminate the tenancy by giving less than 14 days’ notice if the operational requirements of the Armed Forces so require.

(7)

In any proceedings before the Tribunal in which the validity of a notice purporting to have been given under this section is in issue, the following provisions shall apply:

(a)

whether the contract of service or, as the case requires, contract for services was or was not terminated shall be a question of fact to be determined by the Tribunal, but the Tribunal shall not be concerned with the lawfulness or otherwise of that termination:

(b)

it shall be for the landlord to establish to the satisfaction of the Tribunal the matters referred to in paragraphs (a) and (b) of subsection (2), and in subsection (5):

(c)

in the case of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971, a certificate by the Secretary of Defence to the effect that operational requirements necessitated the giving of notice of less than 14 days shall be accepted by the Tribunal as conclusive proof of that matter.

Section 53(1): replaced, on 1 October 2010, by section 34(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 53(2): amended, on 1 October 2010, by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 53(3): amended, on 1 October 2010, by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 53(5A): inserted, on 1 October 2010, by section 34(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 53(7)(a): amended, on 1 October 2010, by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).