Notice to vacate
22 Notice to vacate
If a housing improvement order or housing demolition order issued in respect of residential premises imposes a requirement for the premises to be vacated, the Minister must issue a notice to the occupiers of the premises to vacate the premises (a notice to vacate).
A notice to vacate must—
be in the form of a written notice served on the occupiers of the premises; and
specify the premises; and
state the reasons for issuing the notice; and
require the occupiers to vacate the premises by a specified date (allowing as much time as the circumstances will safely permit);
and
if the premises are occupied under a residential tenancy agreement, state that, by force of the notice—
the tenancy will be terminated on the specified date;
and
the tenant must give up possession of the premises on or before that date; and
the landlord is authorised to take possession of the premises on that date; and
state that the persons to whom the notice is issued may, within
28 days, apply to the Tribunal for a review of the notice.
The Minister may vary or revoke a notice under this section by subsequent written notice.
A person to whom a notice to vacate has been issued—
must comply with the notice; and
must not let or sublet the premises to which it applies, or cause the premises to be let or sublet. Maximum penalty: Maximum penalty: $2 500.
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