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218-1 reasons for termination

Thursday, July 02, 2020
 This week's question comes from Kam re termination under 218-1 (paraphrased): 

If the Residential Tenancies Amendment Bill becomes law, would landlords be able to terminate a tenancy in order to renovate the property or to put the property on the market? 

Conditional yes in both instances. 

In the case of property renovation, a 90-day notice can be issued per (s32(2)(f) if the work is so extensive that it would not be reasonably practicable for the tenant to continue residing at the property while the work is being carried out. If the impracticability threshold is not met then the tenant stays (unless, of course, the tenant terminates). 

In the case of the landlord intending to list the property for sale, as long as the listing would take place within 90-days of the termination (i.e. 180 days from the notice) then a 90-day notice to terminate can be issued to the tenant (s32(2)(a)). 

 

Download our 218-1 Explanatory notes for landlords for a list of the Bill's permissible reasons for termination. 

That said, we have not given up on the fight to stop the 218-1 from becoming law. Landlords and anyone who opposes this Bill have one last chance before the 13th of July to lobby against the Bill. This is a worthy cause, click here to find out how you can be part of it. 

If you would like to understand 218-1 and what it means for landlords, register for one of our upcoming 218-1 clinics to have your questions answered. 

 

 

Do you have any tenancy related questions? Write to us at admin@apia.org.nz or hit us up on our social channels here and here

 

 

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