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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

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

You could also call this:

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

If you’re renting a house or flat, your landlord can ask the Tenancy Tribunal to end your tenancy if they’re having a really hard time. This is only for periodic tenancies, which means tenancies that don’t have a fixed end date.

The Tribunal will only agree to end your tenancy if they think the landlord would suffer more than you if the tenancy continued. They also need to decide that it wouldn’t be fair to make the landlord keep renting to you because of how much they’re struggling.

When the Tribunal is making this decision, they have to think about how ending the tenancy would affect you as the tenant. They can’t just consider the landlord’s side of things.

If the Tribunal decides to end your tenancy for this reason, they will set a specific date for when you need to move out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS454335.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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55A: Termination for anti-social behaviour, or

“Landlords can end a tenancy if a tenant or their guest behaves badly three times in three months.”

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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”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

55BTermination where it would be unreasonable to require landlord to continue with tenancy

  1. A landlord under a periodic tenancy may apply to the Tribunal for an order terminating the tenancy on the ground of hardship.

  2. The Tribunal may make the order only if satisfied that—

  3. without the order the landlord would suffer greater hardship than the tenant; and
    1. because of that hardship, it would be unreasonable to require the landlord to continue with the tenancy.

      1. In deciding whether it would be unreasonable to require the landlord to continue with the tenancy, the Tribunal must take into account the impact that terminating the tenancy would have on the tenant.

      2. Any order under this section must specify a date for the termination.

      Notes
      • Section 55B: inserted, on , by section 38 of the Residential Tenancies Amendment Act 2020 (2020 No 59).