RESIDENTIAL TENANCIES ACT 1987 - SECT 62
RESIDENTIAL TENANCIES ACT 1987 - SECT 62
62 . Notice of termination by lessor upon ground of breach of term of agreement
(1) A lessor may give
notice of termination of a residential tenancy agreement to the tenant upon
the ground that the tenant has breached a term of the agreement and the breach
has not been remedied.
(2) Where a lessor
gives notice of termination under this section, the period of notice shall be
not less than 7 days before the day on which the tenant is required under the
notice to give the lessor possession of the premises.
(3) Where notice of
termination is given under this section upon the ground of a breach of the
agreement other than the agreement to pay rent, the notice is ineffectual
unless a notice specifying the breach and requiring that it be remedied is
given to the tenant not less than 14 days before the notice of termination is
given.
(4) Where notice of
termination is given under this section upon the ground of a breach of the
agreement to pay rent —
(a) the
notice is ineffectual unless a notice specifying the breach of the agreement
and requiring payment of the rent is given to the tenant not less than 14 days
before the notice of termination is given; and
(b) the
notice is not rendered ineffectual by failure by the lessor to make a prior
formal demand for payment of the rent.
(5) Despite subsection
(4)(a), notice of termination upon the ground of a breach of the agreement to
pay rent may be given immediately the breach occurs but where notice is so
given —
(a) the
lessor shall not make an application under section 71 if the rent due under
the agreement is paid in full before the day specified in the notice as the
day on which the tenant is to deliver up possession of the premises; and
(b) the
lessor shall not continue proceedings in respect of an application under
section 71 if —
(i)
the rent due under the agreement; and
(ii)
the amount of any fee paid by the lessor under
section 18(1),
are paid in full to
the lessor not less than one day before the hearing of application; and
(c) the
hearing of an application under section 71 shall take place not less than 21
days after notice is given.
(5a) Where an
application is made, or proceedings in respect of an application are
continued, in contravention of subsection (5), any order made under
section 71(2) in respect of the application is of no effect.
(6) Where notice of
termination is given under this section in respect of a residential tenancy
agreement that creates a tenancy for a fixed term, the notice is not
ineffectual by reason of the fact that the day specified as the day on which
the tenant is to deliver up possession of the premises is earlier than the
last day of that term.
(7) Failure by a
tenant under a residential tenancy agreement that creates a tenancy for a
fixed term to deliver up vacant possession of the premises at the expiration
of the term does not constitute a breach of the agreement.
[Section 62 amended: No. 59 of 1995 s. 50; No. 60
of 2011 s. 62, 88 and 89.]