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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

53: Special provisions for notice terminating service tenancies

You could also call this:

“Rules for ending a special type of rental agreement when it's connected to a job”

You or your landlord can end a service tenancy by giving at least 14 days’ notice if your work contract has ended or if someone has given notice to end it. But there are some special cases:

If your work contract ends or you’re moved to another area with less than 14 days’ notice, your landlord can give you less than 14 days’ notice to leave. This can happen if the landlord thinks you might damage the property or if they need to quickly bring in a new worker and don’t have any other place for them to stay.

The notice to end your tenancy can’t be for a date before your work contract ends or before you’re moved to a new area.

If you die and leave dependants living in the property, your landlord can end the tenancy by giving at least 14 days’ notice. But if they need to quickly bring in a new worker and don’t have any other place for them to stay, they can give just 5 days’ notice.

For people in the Armed Forces, the landlord can give less than 14 days’ notice if it’s needed for operational reasons.

If there’s a disagreement about the notice, the Tenancy Tribunal will look at the facts. They won’t decide if ending your work contract was legal or not. The landlord has to prove why they gave less notice. For Armed Forces tenancies, a certificate from the Secretary of Defence is enough to prove why they gave less notice.

Section 50A doesn’t change these rules about ending tenancies when a tenant dies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95516.

Topics:
Housing and property > Renting
Work and jobs > Worker rights
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“The law allows for a shorter notice period to end a tenancy if a special court agrees to it.”

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Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

53Special provisions for notice terminating service tenancies

  1. The landlord or the tenant may terminate a service tenancy by giving at least 14 days’ notice if the contract of service or, as the case requires, the contract for services has been terminated or either party has given notice to terminate that contract (subject to subsections (2) to (7)).

  2. Where the contract of service or, as the case requires, contract for services is terminated, or the tenant is transferred to another district, on less than 14 days' notice, the landlord may terminate the service tenancy by the giving of notice of less than 14 days if—

  3. the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or
    1. it is necessary for the conduct of the landlord's business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.

      1. No notice under this section shall have effect to terminate a service tenancy on a date preceding the date on which the termination of the contract of service or, as the case requires, contract for services or the transfer of the employee takes effect.

      2. Where the tenant of a service tenancy dies leaving any dependant residing in the premises, the landlord may terminate the tenancy by giving at least 14 days’ notice.

      3. However, in any case to which subsection (4) applies, the landlord may terminate the tenancy by giving at least 5 days’ notice if it is necessary for the conduct of the landlord's business at the place of business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.

      4. Section 50A does not limit subsection (4) or (5).

      5. Without limiting anything in subsections (2) to (5), in respect of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971, the landlord may terminate the tenancy by giving less than 14 days' notice if the operational requirements of the Armed Forces so require.

      6. In any proceedings before the Tribunal in which the validity of a notice purporting to have been given under this section is in issue, the following provisions shall apply:

      7. whether the contract of service or, as the case requires, contract for services was or was not terminated shall be a question of fact to be determined by the Tribunal, but the Tribunal shall not be concerned with the lawfulness or otherwise of that termination:
        1. it shall be for the landlord to establish to the satisfaction of the Tribunal the matters referred to in paragraphs (a) and (b) of subsection (2), and in subsection (5):
          1. in the case of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971, a certificate by the Secretary of Defence to the effect that operational requirements necessitated the giving of notice of less than 14 days shall be accepted by the Tribunal as conclusive proof of that matter.

            Notes
            • Section 53(1): replaced, on , by section 34(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 53(1): amended, on , by section 33(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 53(2): amended, on , by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 53(3): amended, on , by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 53(4): amended, on , by section 33(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 53(5): amended, on , by section 33(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
            • Section 53(5A): inserted, on , by section 34(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 53(7)(a): amended, on , by section 34(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).