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Contents (2010 - 42)
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Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 20 August 2017 at 19:55)
Part 5 Division 1
Division 1 Termination of residential tenancy agreements generally
80   Definitions
In this Part:
non-payment termination notice—see section 88.
termination date means the day specified in a termination notice as the day on which the residential tenancy agreement is terminated and by which vacant possession of the residential premises is to be given.
termination notice means a notice terminating a residential tenancy agreement.
termination order means an order terminating a residential tenancy agreement together with an order for possession of the residential premises.
81   Circumstances of termination of residential tenancies
(1) Termination only as set out in Act A residential tenancy agreement terminates only in the circumstances set out in this Act.
(2) Termination by notice and vacant possession A residential tenancy agreement terminates if a landlord or tenant gives a termination notice in accordance with this Act and the tenant gives vacant possession of the residential premises.
(3) Termination by order of Tribunal A residential tenancy agreement terminates if the Tribunal makes an order terminating the agreement under this Act.
(4) Other legal reasons for termination A residential tenancy agreement terminates if any of the following occurs:
(a)  a person having superior title (such as a head landlord) to that of the landlord becomes entitled to possession of the residential premises,
(b)  a mortgagee of the residential premises becomes entitled to possession of the premises to the exclusion of the tenant,
(c)  a person who succeeds to the title of the landlord becomes entitled to possession of the residential premises to the exclusion of the tenant,
(d)  the tenant abandons the residential premises,
(e)  the tenant gives up possession of the residential premises with the landlord’s consent, whether or not that consent is subsequently withdrawn,
(f)  the interests of the landlord and tenant become vested in the one person (merger),
(g)  disclaimer occurs (such as when the tenant’s repudiation of the tenancy is accepted by the landlord).
82   Termination notices
(1)  A termination notice must set out the following matters:
(a)  the residential premises concerned,
(b)  the day on which the residential tenancy agreement is terminated and by which vacant possession of the premises is to be given,
(c)  if the notice is not given under section 84, 85, 96 or 97, the ground for the notice,
(d)  any other matters prescribed by the regulations.
(2)  A termination notice must be in writing and be signed by the party giving the notice or the party’s agent.
(3)  A termination notice for a periodic agreement may specify a day other than the last day of a period for the payment of rent as the termination date.
83   Termination orders
(1)  If the Tribunal makes an order terminating a residential tenancy agreement under this Act, it must also make an order for possession of the residential premises specifying the day on which the order takes or took effect.
(2)  An application to the Tribunal by a landlord for a termination order:
(a)  must be made after the termination date specified in the relevant termination notice and within the period prescribed by the regulations, and
(b)  must be made only if vacant possession of the premises is not given as required by the notice.