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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  24 Jul 2014
Consolidated as at:  11 Jan 2005

Division 1 - Termination

37. Termination of agreement

      (1) A residential tenancy agreement in respect of residential premises is terminated only by –

(a) the delivery of vacant possession of the premises by the tenant to the owner as a result of their agreement to terminate the agreement; or

(b) the delivery of vacant possession of the premises by the tenant to the owner following a notice to vacate by the owner; or

(c) the delivery of vacant possession of the premises by the tenant to the owner following a notice to terminate by the tenant; or

(d) [Section 37 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] the delivery of vacant possession of the premises by order of the Court to the owner; or

(e) [Section 37 Subsection (1) amended by No. 67 of 2003, s. 16, Applied:05 Mar 2004] the recovery of vacant possession of the premises by the owner following abandonment or early vacation of the premises.

      (2) An owner must not regain, or attempt to regain, possession of the premises by any means other than those specified in subsection (1).

Penalty:

Fine not exceeding 50 penalty units.

38. Notice of termination by tenant

      (1) A tenant of residential premises may serve on the owner of the premises a notice to terminate a residential tenancy agreement and deliver vacant possession of the premises to the owner on any of the following grounds:

(a) the owner has failed to carry out any repairs that do not arise from the fault of the tenant within 28 days after receiving notification under section 32(2);

(b) the owner has failed to comply with any provision of the residential tenancy agreement;

(c) if the residential tenancy agreement is not for a fixed period, the tenant wishes to terminate it.

      (2) Any payment of rent after a notice of termination takes effect does not constitute the existence of a new residential tenancy agreement.

      (3) Any payment of arrears of rent after a notice of termination takes effect does not revoke the notice unless the payment was made and accepted on that basis.

39. Effect of notice of termination

      (1) [Section 39 Subsection (1) substituted by No. 49 of 2003, s. 17, Applied:25 Aug 2004] A notice of termination takes effect on a date specified in the notice that is a date –

(a) in the case of boarding premises, at least 2 days after the notice is served; or

(b) in any other case, at least 14 days after the notice is served.

      (2) [Section 39 Subsection (2) amended by No. 67 of 2003, s. 17, Applied:05 Mar 2004] A notice of termination on the ground that the owner has failed to comply with a provision of the residential tenancy agreement, other than a provision relating to repairs, is of no effect if the owner complies with that provision before the period of 14 days referred to in subsection (1) expires.

40. Form of notice of termination

[Section 40 Substituted by No. 49 of 2003, s. 18, Applied:25 Aug 2004]

      (1) In the case of premises other than boarding premises, a notice of termination is to state the following:

(a) the date of service of the notice;

(b) the name of the tenant;

(c) the name of the owner;

(d) the residential premises to which the notice applies;

(e) the details of the ground on which the notice is served;

(f) the date on which the notice takes effect.

      (2) In the case of boarding premises, a notice of termination is to state –

(a) that the tenant intends to vacate the premises; and

(b) the date on which the tenant intends to vacate, which is to be at least 2 days after the date of the notice.

41. Order of termination

      (1) [Section 41 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A party to a residential tenancy agreement may apply to the Court for an order that the agreement be terminated on any of the following grounds:

(a) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has intentionally or recklessly caused or permitted, or is likely to intentionally or recklessly cause or permit, serious damage to –

(i) the residential premises or contents of those premises; or

(ii) any neighbouring premises;

(b) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has caused physical injury, or is likely to cause physical injury, to that party or a person occupying neighbouring premises.

      (2) [Section 41 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the Court is satisfied as to any of the grounds referred to in subsection (1), the Court may order –

(a) that the residential tenancy agreement is terminated on a specified date without notice; and

(b) that vacant possession of the residential premises is to be delivered to the owner on that day.



CURRENT VIEW: 25 Aug 2004 - 30 Mar 2005
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