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Residential Tenancies Act 1986

Boarding house tenancies - Termination

66U: Termination of tenancy by landlord

You could also call this:

“The landlord can end the tenancy for different reasons with different notice periods, depending on how serious the situation is.”

If you live in a boarding house, your landlord can end your tenancy in several ways:

Your landlord can make you leave right away if you do something really bad. This includes if you damage or threaten to damage the place, put people or property in danger, or cause big problems for other tenants.

Your landlord can give you 48 hours to leave if you don’t pay your rent after they’ve asked you to, if you’re using the place for something illegal, or if they think you’ve left your room for good.

If your job is tied to your tenancy, your landlord can give you 14 days’ notice to leave.

Your landlord can also ask you to leave without giving a reason, but they must give you 28 days’ notice.

When your landlord wants you to leave, they need to tell you in writing. This notice must include the date it’s given, when you need to leave, why they want you to leave (unless it’s a 28-day notice), your name, and the landlord’s name and contact details.

There are more rules about how landlords can end tenancies in section 51. If you think your landlord’s notice isn’t fair, you can ask the Tenancy Tribunal to look at it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283925.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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66T: Consequence of abuse, or refusal, of right of entry, or

“If you break the rules about entering a tenant's room, you could get in trouble with the law or be stopped from entering again.”

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66V: When tenant may terminate tenancy, or

“A tenant in a boarding house can end their stay by telling the landlord they're leaving, with just two days' notice.”

Part 2A Boarding house tenancies
Termination

66UTermination of tenancy by landlord

  1. The landlord of a boarding house may terminate a boarding house tenancy—

  2. immediately, if the tenant has—
    1. caused, or threatened to cause, serious damage to the premises; or
      1. endangered, or threatened to endanger, people or property; or
        1. caused, or threatened to cause, serious disruption to other tenants; or
        2. on 48 hours’ notice, if—
          1. the landlord has, by written notice to the tenant, required the tenant to pay any rent in arrears within a stated period of not less than 10 days, commencing on the day the notice is given, and the tenant fails to pay the rent in arrears within the stated period; or
            1. the tenant is using the premises for an illegal purpose; or
              1. the landlord believes, having complied with section 66X, that the tenant has abandoned the room; or
              2. on 14 days’ notice, if the tenancy is also a service tenancy, in which case section 53 applies; or
                1. on 28 days’ notice, if no reason is given.

                  1. A notice of termination given by a landlord to a tenant of a boarding house must—

                  2. be in writing; and
                    1. state the date on which the notice is given; and
                      1. state the date on which the termination takes effect; and
                        1. state the reason for the termination (unless 28 days’ notice is given, in which case no reason need be given); and
                          1. state the name of the tenant; and
                            1. state the name, contact address, and telephone number of the landlord or his or her agent.

                              1. Subsections (4) to (9) of section 51 apply, with all necessary modifications, to a notice of termination given by the landlord of a boarding house.

                              2. To avoid doubt, section 54 (which provides that the Tribunal may order that notice by a landlord is of no effect in certain circumstances) applies to boarding house tenancies.

                              Notes
                              • Section 66U: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).