Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

60AA: Landlord acting to terminate tenancy without grounds

You could also call this:

“A landlord can get in trouble for trying to end a renter's stay without a good reason.”

If you are a landlord, you must not try to end a tenancy without a valid reason allowed by the law. This means you cannot give a notice to your tenant to end the tenancy or ask the Tenancy Tribunal to end the tenancy if you know you don’t have the right to do so under the Residential Tenancies Act. If you do this, you are breaking the law. It’s important to make sure you have a legal reason to end a tenancy before taking any action.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451926.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help

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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.”


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60A: Fixed-term tenancy becomes periodic unless contrary notice given, or

“When a long-term rental agreement ends, it keeps going unless someone says they want to stop.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

60AALandlord acting to terminate tenancy without grounds

  1. A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application.

Notes
  • Section 60AA: inserted, on , by section 40 of the Residential Tenancies Amendment Act 2020 (2020 No 59).