51 Termination by notice

(1)

A landlord may terminate a periodic tenancy by giving at least 63 days’ notice if—

(a)

the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family; or

(b)

the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of the landlord or by contractors under contracts for services with the landlord, and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required for that use; or

(c)

the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of a school board of trustees or by contractors under contracts for services with a school board of trustees, and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required for that use; and

(iii)

the landlord is the Ministry of Education.

(2)

A landlord may terminate a periodic tenancy by giving at least 90 days’ notice if—

(a)

the premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition; or

(b)

the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession; or

(c)

the landlord is not the owner of the premises and the landlord’s interest in the premises is due to end; or

(d)

the landlord or owner has acquired the premises to facilitate the use of nearby land for a business activity and—

(i)

that fact is clearly stated in the tenancy agreement; and

(ii)

the premises are required to be vacant of residential tenants to facilitate that use; or

(e)

the premises are to be converted into commercial premises for at least 90 days by the landlord or owner; or

(f)

extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and—

(i)

it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and

(ii)

the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date; or

(g)

the premises are to be demolished and the demolition is to begin, or material steps towards it are to be taken, within 90 days after the termination date.

(2A)

In subsection (2)(f) and (g), taking a material step means applying for regulatory consent, seeking engineering or other professional advice, or taking any other significant step.

(2B)

A tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.

(3)

Every notice to terminate a tenancy shall—

(a)

be in writing; and

(b)

identify the premises to which it relates; and

(c)

specify the date by which the tenant is to vacate the premises; and

(ca)

if the notice is given by the landlord, set out the reasons for the termination; and

(d)

be signed by the party giving the notice, or by that party’s agent.

(4)

In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.

(5)

A notice to terminate a tenancy may be given on any day, and the period of notice may be expressed to expire on any day, regardless of the date on which the tenancy commenced or of any date on which any rent is to be paid.

(6)

A party who has given an effective notice to terminate a tenancy—

(a)

may, at any time before the expiry of the period of notice, revoke the notice with the consent of the other party; but

(b)

may give a further notice to terminate the tenancy only if the prior notice is revoked.

(7)

Where a party has given a notice to terminate the tenancy and subsequently realises that, because of—

(a)

some error in the way in which the period of the notice or the date of the expiry of that period is expressed in the notice; or

(b)

some delay in serving the notice,—

the period of notice given is less than the minimum prescribed by subsection (1) or (as the case may require) subsection (2) or (2B), that party may, with the agreement of the other party or (failing such agreement) with the consent of the Tribunal, give to the other party a further notice varying the first notice so as to bring the period of notice given up to or above that minimum so required.

(8)

Every notice given under subsection (7) shall comply with the requirements of subsection (3).

(9)

The Tribunal shall not give its consent under subsection (7) unless it is satisfied—

(a)

that the error in the notice or the delay in serving the notice was inadvertent; and

(b)

that the party who gave the notice has sought to correct the matter as soon as practicable after realising that the period of notice given is inadequate; and

(c)

that it would not be unfair to the other party to allow the original notice to be varied in the manner proposed.

(10)

In subsections (1) and (2), termination date means the date of termination provided for by the notice of termination given by the landlord (regardless of when termination in fact occurs).

Compare: Residential Tenancies Act 1978–1981 ss 62, 64(1)(ca), (2), 65, 69, 70 (SA)

Section 51(1): replaced, on 11 February 2021, by section 32(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(2): replaced, on 11 February 2021, by section 32(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(2A): inserted, on 11 February 2021, by section 32(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(2B): inserted, on 11 February 2021, by section 32(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(3)(ca): inserted, on 1 October 2010, by section 33(5) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 51(3)(ca): amended, on 11 February 2021, by section 32(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(6): replaced, on 1 October 2010, by section 33(6) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 51(7): amended, on 11 February 2021, by section 32(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 51(10): inserted, on 11 February 2021, by section 32(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).