I'm hoping you can help me. On the 15th of January our landlady gave us 90 days notice with absolutely no reason why. We

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Customer: Hello, I'm hoping you can help me. On the 15th of January our landlady gave us 90 days notice with absolutely no reason why. We are very good tenants, always pay our rent on time, keep the place tidy, don't have loud parties or play loud music. My partner looks after the grounds which are extensive and has to do it all with a weed-eater he borrows from work as they have taken the ride-on away.
JA: What state are you in? It matters because laws vary by location.
Customer: Oh, I thought this was NZ legal advice...?
JA: What steps have you taken so far?
Customer: I wrote an email to the landlady asking her for an extension on time as we have been unable to find anywhere to go at all and in less than a week will be homeless. However she wrote back refusing.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I spoke with a friend who knows loopholes in the law and he said that if the notice wasn't written on a letterhead or something and signed by a notary it could be deemed null and void...
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer, Expert

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
Hello there
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Chris The Lawyer, Expert

At the time this notice was given, there was no need to give reasons for a 90 day notice. This means all your landlord needed was to give you a written notice under section 51(3)

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Chris The Lawyer, Expert

The formalities for the notice are under that section

Every notice to terminate a tenancy shall—

(a)

be in writing; and

(b)

identify the premises to which it relates; and

(c)

specify the date by which the tenant is to vacate the premises; and

(ca)

if the notice is given by the landlord, set out the reasons for the termination; and

(d)

be signed by the party giving the notice, or by that party’s agent.

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Chris The Lawyer, Expert

Subsection ca does not apply as that came into force in Febru

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Chris The Lawyer, Expert

February 2021

Customer
File attached (1153VP4)
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Chris The Lawyer, Expert

If the notice complied with the act then it is valid and she does not need to give reasons. That is why the Residential Tenancies Act was amended to protect tenants, but that became law after you got the notice

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