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59A: Termination where breach renders premises uninhabitable
or “When a rented home becomes unsafe to live in because someone broke the rules”
You could also call this:

“Ending a tenancy when harmful substances are found in the home at unsafe levels”

If tests show that a part of your rented home has a dangerous level of a harmful substance, this law explains what happens next. The dangerous level is set by the government.

If you or your landlord caused the problem by breaking the tenancy agreement, the whole home is considered unlivable. If you didn’t cause it, you don’t have to pay rent. The person who didn’t cause the problem can end the tenancy.

If neither you nor your landlord caused the problem, the whole home is usually considered unlivable, you don’t have to pay rent, and either of you can end the tenancy.

However, if the dangerous substance is only in a small, out-of-the-way part of the home that doesn’t affect the rest of it, the rent is reduced. Either you or your landlord can ask the Tenancy Tribunal to end the tenancy if cleaning up the problem or staying there with lower rent isn’t fair.

If your landlord wants to end the tenancy because of this problem, they must give you at least 7 days’ notice. If you want to end it, you only need to give 2 days’ notice.

A small, out-of-the-way part of the home means it’s far from the rest of the home or can be closed off to stop the harmful substance from spreading. The rest of the home should still be usable without this part.

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Next up: 60: Tenant remaining in possession after termination of tenancy

or “When a tenant stays in a house after their lease ends, they still have to follow the rules.”
Next

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

59BTermination where regulations prescribe testing methods and maximum inhabitable level of contaminant

  1. This section applies if testing in accordance with a relevant prescribed method establishes contamination by a contaminant, in any part of the premises, at a level that is above a relevant maximum inhabitable level prescribed for that contaminant.

  2. If the contamination has occurred as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy),—

  3. the whole of the premises is treated as uninhabitable; and
    1. if the tenant is not in breach, the rent abates; and
      1. the party who is not in breach may give notice to the other party terminating the tenancy.

        1. If the contamination has occurred otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), then, unless subsection (4) applies,—

        2. the whole of the premises is treated as uninhabitable; and
          1. the rent abates; and
            1. either party may give notice to the other terminating the tenancy.

              1. However, for the purposes of subsection (3), if the only part of the premises that is established to be contaminated above the maximum inhabitable level is a remote and inconsequential part of the premises (see subsection (8)),—

              2. the rent abates accordingly; and
                1. either party may apply to the Tribunal for an order terminating the tenancy.

                  1. On an application under subsection (4)(b), the Tribunal may make an order terminating the tenancy if it is satisfied that it would be unreasonable to require the landlord to decontaminate the premises or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.

                  2. Where a landlord gives notice of termination under this section, the period of notice is not less than 7 days.

                  3. Where a tenant gives notice of termination under this section, the period of notice is not less than 2 days.

                  4. In this section, a part of the premises is remote and inconsequential if—

                  5. it is physically located away from, or physically closed off to, the rest of the premises in a way that is likely to prevent the spread of the contaminant to the rest of the premises (or is capable of being, and, after contamination is established, is, physically removed from or physically closed off to the rest of the premises in a way that is likely to prevent that spread); and
                    1. the rest of the premises can reasonably be used, without that part, as residential premises under the tenancy agreement.

                      Notes
                      • Section 59B: inserted, on , by section 35 of the Residential Tenancies Amendment Act 2019 (2019 No 37).