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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

56A: Termination where premises are unlawful residential premises

You could also call this:

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

If you’re renting a place that wasn’t allowed to be used as a home when you moved in, and it’s still not allowed to be used as a home, you can end your tenancy. You just need to tell your landlord at least 2 days before you want to leave.

Either you or your landlord can also ask the Tenancy Tribunal to end the tenancy if the place you’re renting isn’t allowed to be used as a home. The Tribunal can decide to end the tenancy if section 78A applies and if they think it wouldn’t be fair to keep the tenancy going.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS245603.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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56: Termination for non-payment of rent and other breaches, or

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

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56B: Withdrawal from tenancy following family violence, or

“How you can leave your home if someone in your family is hurting you”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

56ATermination where premises are unlawful residential premises

  1. A tenant of premises that at the start of the tenancy were, and that remain, unlawful residential premises may terminate the tenancy by giving not less than 2 days’ notice to the landlord.

  2. Without limiting subsection (1), a landlord or a tenant may apply to the Tribunal for an order terminating a tenancy on the ground that the premises are unlawful residential premises.

  3. The Tribunal may make the order if section 78A applies and the Tribunal is satisfied that it would be inequitable to refuse to make an order terminating the tenancy.

Notes
  • Section 56A: inserted, on , by section 12 of the Residential Tenancies Amendment Act 2019 (2019 No 37).