50A Termination following death of sole tenant

(1)

On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates:

(a)

the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant:

(b)

the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement:

(c)

the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin:

(d)

the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2).

(2)

If a landlord is unable to give notice to vacate under subsection (1)(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy.

Compare: Residential Tenancies Act 1997 s 228 (Vic)

Section 50A: inserted, on 1 October 2010, by section 32 of the Residential Tenancies Amendment Act 2010 (2010 No 95).