Notice for recladding

Wolfgang asks:
(updated on Monday, June 11th 2018)

We have a rental property that has just been found to be a leaky home. (A small repair job revealed the extent of the issue which previously had not been found in any inspections.) The building inspector recommends a total reclad. To effect such repairs (or sell 'as is') means that the house is not fit for rent. Can we give the tenants normal notice to this effect?

Our Experts Answer:

If the property is so seriously damaged as to be uninhabitable you may (under section 59(2) of the Residential Tenancies Act) terminate the tenancy by giving the tenant at least seven days’ notice. However, if the required work is simply re-cladding, or if you plan to sell “as is”, I think you may struggle to establish that the interior of the property is so seriously damaged that it warrants early termination of the tenancy. In that case normal termination notice will apply (if a periodic tenancy) or the scheduled end date will prevail in the case of a fixed term tenancy.

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