Moving out: When and how tenancies end
When the Tenancy Tribunal can end a periodic tenancy
Overdue rent, anti-social behaviour, or hardship: Landlord can apply for a Tribunal termination order
Residential Tenancies Act 1986, ss 55, 55AA, 55B
There are certain situations where your landlord can apply to the Tenancy Tribunal for an order ending your tenancy (a “termination order”). Including in the following situations:
- Overdue rent – The Tribunal can make a termination order if you get behind on rent. This includes if your rent payment is 21 days late; or, if its five working days (or more) late three times within a 90-day period. This second option works like a “three-strikes” policy. Your landlord has to prove that they gave notice every time you were behind in rent, advised you of your right to challenge the notice, and applied to the Tribunal in time (within 28 days of the third notice).
- Failing to fix a breach – If you breach your tenancy agreement – for example, by not paying rent, or having more people stay at the house than you’re allowed – the landlord can issue you with an official notice telling you to fix the breach. You should have at least 14 days to fix the problem. If you don’t fix the problem in the required time, the Tribunal may be able to make a termination order, if they think the breach is serious enough for termination to be reasonable.
- Anti-social behaviour – A landlord can apply for a termination order for anti-social behaviour. They need to prove that you or anyone you allowed on the property harassed, or did something causing harm, distress, or nuisance three times within 90 days. The Tribunal will end the tenancy if it’s satisfied that your landlord gave notice containing the details of each incident, and if it wouldn’t be unfair in the circumstances.
- Hardship – The landlord can apply for a tenancy to be terminated on grounds of severe hardship. The Tribunal will only grant this if the landlord can show they would suffer an unreasonable amount of hardship, more than what you would suffer if the tenancy were to continue.
