53BSpecial provisions for notice terminating social housing tenancies

1. The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if—

2. the tenancy—
   1. was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or
   2. was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing; but
3. following the grant of the tenancy,—
   1. the social housing provider is notified under section 103 of that Act that the tenant is no longer eligible for social housing; or
   2. in the case of community housing, the community housing provider ceases to be a registered community housing provider; or
   3. the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that—
      1. the transfer is necessary or desirable for any reason; and
      2. the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).

4. In this section,—

   agency, community housing, community housing provider, Kāinga Ora housing, registered community housing provider, social housing, and social housing provider have the meanings given to them by section 2(1) of the Public and Community Housing Management Act 1992

   as most recently assessed means—

   1. as most recently assessed by the agency and notified to the provider under section 103 of the Public and Community Housing Management Act 1992; or
   2. if there has been no such assessment and notification under that section in relation to the tenant, as most recently assessed by HNZ

   HNZ has the meaning that it had under section 2(1) of the Public and Community Housing Management Act 1992 as in force on 13 April 2014.

Notes

• Section 53B: inserted, on 11 February 2021, by section 35 of the Residential Tenancies Amendment Act 2020 (2020 No 59).