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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 16 December 2017 at 16:27)
Part 5 Division 5 Section 109
109   Agreement frustrated—destruction of, or uninhabitable, premises
(1)  This section applies if residential premises under a residential tenancy agreement are, otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable or cease to be lawfully usable as a residence or are appropriated or acquired by any authority by compulsory process.
(2)  The landlord or the tenant may give the other party a termination notice.
(3)  The termination notice may end the residential tenancy agreement on the date that the notice is given.
(4)  The termination notice may specify a termination date that is before the end of the fixed term of the residential tenancy agreement if it is a fixed term agreement.
(5)  The Tribunal may, on application by a landlord or tenant, make a termination order if it is satisfied that a termination notice was given in accordance with this section and that this section applies to the residential premises.