Residential Tenancies Amendment Act 2010

35 New section 53A inserted
  • The following section is inserted after section 53:

    53A Special provisions for notice terminating certain student tenancies
    • (1) In this section, student tenancy means a tenancy to which this Act applies that is granted by an institution (as defined in section 159(1) of the Education Act 1989) to a person who is eligible to be a tenant by virtue of the person being—

      • (a) a student; or

      • (b) a student of a particular educational institution.

      (2) The landlord of a student tenancy, or the tenant of a student tenancy, may terminate the tenancy on 14 days’ notice if the tenant ceases to be eligible to be granted the tenancy.

      (3) In any proceedings before the Tribunal in which the validity of a notice under subsection (2) is in issue, the question of when the tenant ceased to be eligible to be a tenant under the tenancy is a question of fact to be determined by the Tribunal.