Residential Tenancies Act 1986

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56 Termination for non-payment of rent and other breaches

(1)

On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that—

(a)

the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and

(b)

in the case of a breach capable of remedy,—

(i)

the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and

(ii)

the other party failed to remedy the default within the required period; and

(c)

that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

(2)

Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.

Section 56 heading: replaced, on 1 October 2010, by section 38(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 56(1)(a): amended, on 1 October 2010, by section 38(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 56(1)(b)(i): amended, on 1 October 2010, by section 38(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 56(2): inserted, on 1 May 1996, by section 23 of the Residential Tenancies Amendment Act 1996 (1996 No 7).