38Notice of termination by tenant

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.