94Termination of long term tenancies

94 Termination of long term tenancies

94 Termination of long term tenancies

(1) This section applies to a residential tenancy agreement for residential premises if the tenant has been in continual possession of the premises for a period of 20 years or more.

(1A) The Tribunal may, on application by the landlord, make a termination order for the residential tenancy agreement if—

(a) the landlord would have a ground for giving a termination notice if section 87B did not apply, and

(b) for a tenant who occupied the premises under a fixed term agreement— the fixed term of the original agreement has expired, and

(c) the Tribunal is satisfied that it is appropriate to make the termination order in the circumstances of the case.

(2) A landlord may make an application under this section without giving the tenant a termination notice.

(3) The Tribunal must not make a termination order under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.

(4) The Tribunal, in determining the day on which vacant possession of the residential premises is to be given to the landlord, must not order that vacant possession be given earlier than 90 days after the order is made.

s 94: Am 2024 No 75, Sch 1[14].