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Will Landlords lose the 90 day ‘no cause’ eviction clause?

Will Landlords lose the 90 day ‘no cause’ eviction clause? National Propertyscouts


90 day notice

Firstly, what is a 90-day eviction notice and when can it be used? Any tenant on a periodic tenancy can give their landlord 21 days’ notice that they which to end the periodic tenancy. Landlords on the other hand must give tenants 90 days’ notice, and crucially, as the law stands at present landlords don’t have to give the tenants a reason for the 90-day notice. The Government has signaled that they are looking at removing a landlords right to issue a ‘no cause’ 90-day notice. So, what’s the big deal I hear you say? Well, the big deal is that this will make it a lot harder to get rid of problematic tenants who are on a periodic tenancy. Often landlords become aware of tenants behaving badly but the behavior is short of what would be required for Tenancy Tribunal action. Say for example the neighbours are complaining that the tenants are having a lot of parties and disrupting the neighbourhood. In this situation the landlord might decide to give the tenants 90 days to vacate and the tenants don’t have to be told the reason. Additionally, some landlords may prefer if they are going to sell their rental property to sell it vacant – without any tenants. The removal of the no cause 90-day notice will mean that in both examples the landlord would be faced with applying to the Tenancy Tribunal. And let’s face it, that can be a lottery on any given day of the week!

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