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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

53A: Special provisions for notice terminating certain student tenancies

You could also call this:

“Rules for ending student housing agreements when a student is no longer eligible to live there”

A student tenancy is a special kind of rental agreement. It’s when a school or university lets you rent a place because you’re a student there or at another school.

If you’re renting in a student tenancy, you need to know that it can end quickly if you stop being a student. Your landlord can tell you to leave with just 14 days’ notice if you’re not a student anymore. You can also end the tenancy early if you stop being a student, by giving 14 days’ notice to your landlord.

If there’s a disagreement about when you stopped being eligible for the student tenancy, the Tenancy Tribunal will look at the facts and decide. This means they’ll figure out exactly when you stopped being a student or when you no longer qualified for that specific student housing.

Remember, these rules are part of the law in New Zealand to help manage student housing. They make sure that student housing goes to current students who need it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3292155.

Topics:
Housing and property > Renting
Education and learning > Higher education
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53B: Special provisions for notice terminating social housing tenancies, or

“Rules for ending social housing rentals when tenants no longer qualify or need to move”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

53ASpecial provisions for notice terminating certain student tenancies

  1. In this section, student tenancy means a tenancy to which this Act applies that is granted by an institution (as defined in section 10(1) of the Education and Training Act 2020) to a person who is eligible to be a tenant by virtue of the person being—

  2. a student; or
    1. a student of a particular educational institution.

      1. The landlord of a student tenancy, or the tenant of a student tenancy, may terminate the tenancy by giving at least 14 days’ notice if the tenant ceases to be eligible to be granted the tenancy.

      2. In any proceedings before the Tribunal in which the validity of a notice under subsection (2) is in issue, the question of when the tenant ceased to be eligible to be a tenant under the tenancy is a question of fact to be determined by the Tribunal.

      Notes
      • Section 53A: inserted, on , by section 35 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 53A(1): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
      • Section 53A(2): amended, on , by section 34 of the Residential Tenancies Amendment Act 2020 (2020 No 59).