59A Termination where breach renders premises uninhabitable

(1)

This section applies if, as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy) by a party, the premises are destroyed or are so seriously damaged as to be uninhabitable.

(2)

If the tenant is not in breach, the rent abates.

(3)

The party who is not in breach may give notice to the other party terminating the tenancy.

(4)

When a landlord gives notice of termination under this section, the period of notice is not less than 7 days.

(5)

When a tenant gives notice of termination under this section, the period of notice is not less than 2 days.

(6)

This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B).

Section 59A: inserted, on 1 October 2010, by section 41 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 59A(6): inserted, on 30 January 2021, by section 34 of the Residential Tenancies Amendment Act 2019 (2019 No 37).