Tenant ending a boarding house tenancy
A tenant under a boarding house tenancy can terminate the tenancy by giving at least 48 hours’ notice to the landlord (s 66V RTA). The notice does not need to be in writing.
This rule includes where the boarding house tenancy is also a service tenancy, ie, where the tenant is in a working arrangement with the landlord (s 66V(3) RTA).
Landlord’s grounds for terminating a boarding house tenancy
A landlord can end a boarding house tenancy in the following situations:
For serious harm, damage or disruption, immediately
A landlord can end a boarding house tenancy immediately (s 66U(1)(a) RTA), if the tenant has:
- caused, or threatened to cause, serious damage to the premises, or
- endangered, or threatened to endanger, people or property, or
- caused, or threatened to cause, serious disruption to other tenants.
For rent arrears, illegal activities, abandonment, with 48 hours’ notice.
A landlord can end a boarding house tenancy with 48 hours’ notice (s 66U(1(b) RTA), if the tenant:
- doesn’t pay overdue rent within 10 days after receiving a notice from the landlord to pay, or
- is using the premises for an illegal purpose, or
the landlord believes that the tenant has abandoned the room, and they have complied with the abandonment rules for boarding house - landlords.
At the end of a service tenancy, with 14 days’ notice
A landlord can end a boarding house tenancy that is also a service tenancy with 14 days’ written notice (s 66U(1)(c) RTA).
Without reason, with 28 days’ notice
A landlord can end any boarding house tenancy without having to give a reason, if they give 28 days’ written notice (s 66U(1)(d) RTA).
Contents of a landlord’s termination notice
A landlord’s notice to terminate a boarding house tenancy must be in writing and include (s 66U(2) RTA):
- the date the notice is given
- the date when the tenancy will end
- the reason for the termination (unless 28 days’ notice is given, in which case a reason isn’t required)
- the name of the tenant
- the name, contact address, and phone number of the landlord or their agent.
However, if there are errors on the notice, it won’t necessarily be invalid as long as it’s in writing and the end date of the tenancy is clear (s 51(4) RTA).