Understanding Boarding House Tenancies
A boarding house tenancy is a specific type of residential tenancy regulated by Part 2A of the Residential Tenancies Act 1986 (RTA) [Source: Residential Tenancies Act 1986, s 66C(1)]. A boarding house is generally defined as a dwelling where accommodation is provided for three or more tenants at any one time, for reward, and where tenants share facilities or services [Source: Residential Tenancies Act 1986, s 66B(1)].
Notice Periods for Termination
Both landlords and tenants of boarding houses have specific notice periods they must adhere to when ending a tenancy.
Landlord's Notice to Terminate
A landlord may terminate a boarding house tenancy by giving the tenant at least 28 days' written notice [Source: Residential Tenancies Act 1986, s 66N(1)]. Unlike other types of tenancies, the landlord is not required to provide a specific reason for termination when giving this notice [Source: Residential Tenancies Act 1986, s 66N(1)].
Tenant's Notice to Terminate
A tenant wishing to terminate a boarding house tenancy must give the landlord at least 48 hours' written notice [Source: Residential Tenancies Act 1986, s 66Q(1)].
Requirements for Valid Notice
All notices to terminate a boarding house tenancy, whether given by a landlord or a tenant, must meet specific requirements to be legally valid. The notice must be in writing and clearly state the date on which the tenancy is to terminate [Source: Residential Tenancies Act 1986, s 66P(a)].
Termination for Breach of Agreement
The process for terminating a boarding house tenancy due to a breach of the boarding house tenancy agreement differs from no-cause terminations.
Landlord Terminating for Tenant's Breach
If a tenant breaches the boarding house tenancy agreement, the landlord may apply to the Tenancy Tribunal for an order terminating the tenancy [Source: Residential Tenancies Act 1986, s 66S(1)]. The Tenancy Tribunal is an independent body established to resolve disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77].
In certain situations, a landlord may give the tenant written notice to remedy a breach. If the breach involves anti-social behaviour or harassment, the notice period is 48 hours. For any other breach, the notice period is 10 days [Source: Residential Tenancies Act 1986, s 66S(2)]. If the tenant fails to remedy the breach within the specified timeframe, the landlord may then apply to the Tenancy Tribunal for an order to terminate the tenancy [Source: Residential Tenancies Act 1986, s 66S(3)].
Tenant Terminating for Landlord's Breach
If a landlord breaches the boarding house tenancy agreement, the tenant may apply to the Tenancy Tribunal for an order terminating the tenancy [Source: Residential Tenancies Act 1986, s 66S(4)].
Other Grounds for Termination
Termination by Agreement
A boarding house tenancy can be terminated at any time by mutual agreement between the landlord and the tenant [Source: Residential Tenancies Act 1986, s 66W].
Premises Becoming Uninhabitable
If the boarding house premises are destroyed or become so seriously damaged as to be uninhabitable (e.g., due to a fire or earthquake), the tenancy is terminated from the date the premises become uninhabitable [Source: Residential Tenancies Act 1986, s 66T]. Similarly, if the premises become uninhabitable due to other causes (e.g., an order by a public authority), the tenancy is immediately terminated [Source: Residential Tenancies Act 1986, s 66U].
When to Seek Independent Legal Advice
Individuals seeking to understand their specific rights and obligations regarding a boarding house tenancy termination should consider consulting Tenancy Services or a Community Law Centre. These services can provide free, independent legal information based on the specific circumstances of a case.
Key Resources
- Tenancy Services: https://www.tenancy.govt.nz
- New Zealand Legislation: https://www.legislation.govt.nz
- Community Law Centres: https://communitylaw.org.nz