Residential Tenancies Act 1997

A person other than a lessor who, apart from section 36, would be entitled to possession of premises, may terminate the residential tenancy agreement relating to the premises by—

notifying the tenant as soon as practicable after becoming so entitled that the person would be entitled to possession apart from section 36 and that the person who was lessor is no longer lessor; and

giving the tenant not less than 8 weeks notice to vacate the premises.

Examples

1 The lessor dies and the premises are inherited by the lessor’s child. The child may terminate the tenancy.

2 The lessor mortgages the premises, defaults on the mortgage and the mortgagee forecloses. The mortgagee may terminate the tenancy.

A person cannot terminate a tenancy under subsection (1) if the person—

is a purchaser of the premises; and

knew about the tenancy, or could reasonably be expected to have known about the tenancy, before purchasing the premises.

If a person has given notices under subsection (1), the relevant residential tenancy agreement terminates at the end of the period of 8 weeks after the date of the notice mentioned in subsection (1) (b) or on the later date specified in the notice.