A tenant physically assaults the property manager during an inspection, and Police file a charge. What can the landlord do?
Correct Answer
D) Give 14 days' notice on the approved form, with evidence the charge was filed.
Section 55AA lets a landlord end a fixed-term or periodic tenancy on at least 14 days' notice if the tenant physically assaulted the landlord, owner, their family or the landlord's agent and a charge has been filed. The notice must use the approved form, attach qualifying evidence, explain the tenant's right to challenge it, and be signed.
Why This Is the Correct Answer
Section 55AA allows 14 days' notice once a charge has been filed for a physical assault on the landlord's agent.
Why the Other Options Are Wrong
Option A: Give 48 hours' notice, because assault is treated as a serious emergency.
Forty-eight hours applies to some boarding house terminations, not s 55AA.
Option B: Wait for a conviction and then give 42 days' notice under section 51.
Section 55AA requires only that a charge be filed, not a conviction.
Option C: End the tenancy immediately by changing the locks while the tenant is out.
Changing locks without consent is unlawful under s 46; s 55AA sets a 14-day notice.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Assault on the landlord side plus a filed charge: 14 days' notice.
Common Mistakes to Avoid on Property Management Questions
- •Assuming a conviction is required before the landlord can act.
More Property Management Questions
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- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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