39Effect of notice of termination

39 Effect of notice of termination

(1)  [Section 39 Subsection (1) amended by No. 45 of 2013, s. 21, Applied:01 Oct 2014] [Section 39 Subsection (1) substituted by No. 49 of 2003, s. 17, Applied:25 Aug 2004] Subject to subsections (3) and (4) , 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

(ab) [Section 39 Subsection (1) amended by No. 45 of 2013, s. 21, Applied:01 Oct 2014] [Section 39 Subsection (1) amended by No. 16 of 2015, s. 4, Applied:17 Jun 2015] .  .  .  .  .  .  .  .  

(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.

(3)  [Section 39 Subsection (3) inserted by No. 45 of 2013, s. 21, Applied:01 Oct 2014] If –

(a) a residential tenancy agreement in respect of premises is not for a fixed period; and

(b) the premises are not boarding premises; and

(c) a date, specified in a notice of termination in respect of the agreement, is a date that is not 14 days or more after the notice is served on the owner –

the notice of termination is not invalid but only takes effect on the day after the end of 14 days after the day on which the notice is served.

(4)  If –