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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

56: Termination for non-payment of rent and other breaches

You could also call this:

“Rules for ending a rental agreement when someone breaks the rules or doesn't pay rent”

You can ask the Tenancy Tribunal to end a tenancy if the other person (landlord or tenant) breaks the tenancy agreement or the Residential Tenancies Act. This includes not paying rent.

If the problem can be fixed, you need to tell the other person in writing about what they did wrong. You must give them at least 14 days to fix it. If they don’t fix it in that time, you can ask the Tribunal to end the tenancy.

The Tribunal will only end the tenancy if the problem is serious enough that it wouldn’t be fair to let the tenancy continue.

If a landlord asks to end a tenancy this way, but the Tribunal thinks they could have used section 55 instead, the Tribunal will treat it as if the landlord had used that section.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95522.

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55B: Termination where it would be unreasonable to require landlord to continue with tenancy, or

“Landlords can end a rental agreement if continuing it would cause them more trouble than it's worth.”

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56A: Termination where premises are unlawful residential premises, or

“You can end your rental agreement quickly if you live in a place that's not allowed to be rented as a home.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

56Termination for non-payment of rent and other breaches

  1. On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that—

  2. the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent) or of this Act; and
    1. in the case of a breach capable of remedy,—
      1. the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days commencing with the day on which the notice was given; and
        1. the other party failed to remedy the default within the required period; and
        2. that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.

          1. Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55, the Tribunal shall determine the matter as if an application had been made under that section.

          Notes
          • Section 56 heading: replaced, on , by section 38(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 56(1)(a): amended, on , by section 38(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 56(1)(b)(i): amended, on , by section 38(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
          • Section 56(2): inserted, on , by section 23 of the Residential Tenancies Amendment Act 1996 (1996 No 7).