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RESIDENTIAL TENANCY ACT 1997 - SECT 43 Effect of notice to vacate

RESIDENTIAL TENANCY ACT 1997 - SECT 43

Effect of notice to vacate

(1)  Subject to this section, a notice to vacate takes effect on a date specified in the notice that is a date –
(a) at least 14 days after the notice is served, if the notice is for the reason referred to in section 42(1)(a) , (dc) or (g) ; or
(b) at least 28 days after the notice is served, if the notice is for the reason referred to in section 42(1)(db) ; or
(ba) at least 42 days after the notice is served, if the notice is for the reason referred to in section 42(1)(b) ; or
(c) at least 42 days after the notice is served, if the notice is for the reason referred to in section 42(1)(d) , but not before the date of the expiry of the residential tenancy agreement; or
(d) at least 60 days after the notice is served, if the notice is for the reason referred to in section 42(1)(e) or (f) ; or
(e) at least 90 days after the notice is served, if the notice is for the reason referred to in section 42(1)(da) or section 42(1)(dd) .
(2)  A notice to vacate on the ground of failure to pay rent is of no effect if a tenant pays all arrears in rent before that notice takes effect unless 2 or more notices to vacate on that ground have been served on the tenant during the immediately preceding 12 months.
(2A)  A notice to vacate on the grounds of failure to pay rent is of no effect if –
(a) the arrears of rent to which the notice to vacate relates are arrears in rent to which a rent arrears payment order made under section 24A(4) relates; and
(b) the rent arrears payment order has not been set aside under section 24B(4)(b) ; and
(c) no condition of the rent arrears payment order has been contravened; and
(d) each part of the total amount, of rent in arrears, that is required under the rent arrears payment order to be paid within a period, specified in the order, that has expired has been paid before the end of that period.
(3)  A notice to vacate on the ground that the tenant has failed to comply with a provision of the residential tenancy agreement is of no effect if the tenant complies with that provision before the period referred to in subsection (1)(a) expires.
(3A)  A notice to vacate on the ground that the premises are to be sold or transferred is of no effect unless there is served with the notice proof of an agreement to sell the premises or to transfer the premises to another person.
(3B)  If a notice to vacate for a reason specified in a paragraph in subsection (1) (other than subsection (1)(d) ) specifies a date on which the notice is to take effect that is a date that occurs before the last day of the period of days specified in the paragraph, the notice to vacate is not invalid but only takes effect on the day after the last day of the period.
(3C)  If a notice to vacate for a reason specified in subsection (1)(d) specifies a date on which the notice is to take effect that is a date –
(a) before the end of the period of 42 days after the notice is served; and
(b) not before the date of expiry of the residential tenancy agreement in respect of the premises –
the notice to vacate is not invalid but only takes effect on the day after the end of the period of 42 days after the notice is served.
(4)  A notice to vacate expires after the period of 28 days from the day on which it took effect.