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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

56D: Termination where it would be unreasonable to require remaining tenant to continue with tenancy

You could also call this:

“Ending a tenancy when it's too hard for the remaining renter to keep living there after someone else moves out”

If you’re in a fixed-term tenancy and another tenant leaves under section 56B, you can ask the Tenancy Tribunal to end the tenancy if it’s too hard for you to stay. You need to show the Tribunal that you’re having a really tough time because the other tenant left. The Tribunal will only agree to end the tenancy if they think your hardship is worse than what the landlord would face if the tenancy ended. They also need to believe it wouldn’t be fair to make you keep living there. You have to ask for this within 60 days of the other tenant leaving. If the Tribunal agrees, they’ll set a date for when the tenancy will end.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS533566.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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56C: Service of notices of withdrawal and accompanying evidence, or

“How to properly send and deliver notices about ending a tenancy and the proof needed”

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56E: Disclosure of notice of withdrawal or accompanying evidence, or

“Rules for sharing a tenant's withdrawal notice or evidence”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

56DTermination where it would be unreasonable to require remaining tenant to continue with tenancy

  1. A tenant under a fixed-term tenancy from which another tenant withdraws under section 56B 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. as a result of the withdrawal, the tenant who made the application is suffering, or will suffer, hardship; and
    1. that hardship is or will be greater than the hardship that the landlord would suffer if the tenancy were terminated; and
      1. because of the hardship, it would be unreasonable to require the tenant to continue with the tenancy.

        1. Any application under this section must be made before the end of the period of 60 days beginning with the day after the date of the withdrawal.

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

        Notes
        • Section 56D: inserted, on , by section 39 of the Residential Tenancies Amendment Act 2020 (2020 No 59).