Termination is not a get-out-of-jail card for HHS

If you plan to rent out your property for as long as possible without meeting the Healthy Homes Standards, you may be in for a nasty surprise.

A landlord recently mentioned that he has no intention of bringing his rental up to the Healthy Homes Standards because the property is over 100 years old. He will simply rent it out for as long as he can legally (until 30 June 2025) before terminating the tenancy on 1 July with a 90-day notice. While his thinking appears logical, the plan is simply unworkable through the lens of the Residential Tenancies Act (RTA). 

The landlord referenced a 90-day notice to terminate. We take it that his is a periodic tenancy. Under the RTA, he can only terminate with a 90-day notice under seven particular circumstances (taken from Tenancy Services’ website): 

  • The premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition.
  • The owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession.
  • The landlord is not the owner of the premises and the landlord’s interest in the premises is due to end.
  • The landlord or owner has acquired the premises to facilitate the use of nearby land for a business activity. That fact is clearly stated in the tenancy agreement, and the premises are required to be vacant of residential tenants to facilitate that use.
  • The premises are to be converted into commercial premises for at least 90 days by the landlord or owner.
  • Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried...