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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 22 October 2017 at 22:46)
Part 5 Division 6
Division 6 Miscellaneous
110   Tenant may vacate at any time before termination date specified by landlord
(1)  A tenant who is given a termination notice by the landlord, or who gives a termination notice, may give vacant possession of the residential premises at any time before the termination date.
(2)  If a termination notice is given by a landlord, the tenant is not liable to pay any rent for any period after the tenant gives vacant possession of the residential premises and before the termination date.
(3)  Subsection (2) does not affect the liability of a tenant under a fixed term agreement to pay rent in respect of a period after the tenant gives vacant possession of the residential premises and before the end of the fixed term, if the termination notice is given by the landlord in accordance with section 84.
111   Disputes about termination
(1)  A landlord or tenant may apply to the Tribunal for an order in relation to a dispute about a termination notice.
(2)  The Tribunal may, on application by a landlord or tenant, declare that a termination notice was or was not given in accordance with this Part.
(3)  Subsection (2) does not limit any other order the Tribunal may make on an application under this section.
112   Withdrawal of termination notices
The party who gives a termination notice may, at any time, revoke the notice with the consent of all other parties to the residential tenancy agreement.
113   Defects in termination notices
The Tribunal may make a termination order for a residential tenancy agreement or any other order even though there is a defect in the relevant termination notice or the manner of service of the notice if:
(a)  it thinks it appropriate to do so in the circumstances of the case, and
(b)  it is satisfied that the person to whom the notice was given has not suffered any disadvantage because of the defect in the notice or service or that any disadvantage has been overcome by the order and any associated order.
114   Suspension of possession orders
(1)  The Tribunal may suspend the operation of an order for possession of residential premises for a specified period if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused to the landlord and tenant by the suspension.
(2)  The Tribunal may impose an obligation on a tenant to pay a specified occupation fee for the period for which the order for possession is suspended.
115   Retaliatory evictions
(1)  The Tribunal may, on application by a tenant or when considering an application for a termination order or in relation to a termination notice:
(a)  declare that a termination notice has no effect, or
(b)  refuse to make a termination order,
if it is satisfied that a termination notice given or application made by the landlord was a retaliatory notice or a retaliatory application.
(2)  The Tribunal may find that a termination notice is a retaliatory notice or that an application is a retaliatory application if it is satisfied that the landlord was wholly or partly motivated to give the notice or make the application for any of the following reasons:
(a)  the tenant had applied or proposed to apply to the Tribunal for an order,
(b)  the tenant had taken or proposed to take any other action to enforce a right of the tenant under the residential tenancy agreement, this Act or any other law,
(c)  an order of the Tribunal was in force in relation to the landlord and tenant.
(3)  A tenant may make an application to the Tribunal for a declaration under this section before the termination date and within the period prescribed by the regulations after the termination notice is given to the tenant.
116   Accrual of rent on termination
The rent payable under a residential tenancy agreement accrues from day to day and on termination the appropriate amount is payable.
117   Acceptance of rent after termination notice
(1)  A demand for, any proceedings for the recovery of, or acceptance of, rent payable under a residential tenancy agreement by a landlord does not operate as a waiver of any rights with respect to the breach of the agreement or any termination notice by the landlord on the ground of breach of the agreement.
(2)  Any such action by a landlord is not evidence of the creation of a new tenancy.
(3)  This section does not apply to a termination notice given solely on the ground of failure to pay rent.
118   Other notices
To avoid doubt, a landlord or tenant who gives a termination notice may:
(a)  if the notice is revoked, give a further notice on the same or a different ground, or
(b)  if the notice is not revoked, give a further notice on a different ground.