The owner of a periodic tenancy wants her adult son to move in and live there as his main home. What notice can the property manager give?
Correct Answer
A) At least 42 days, if he will live there within 90 days for at least 90 days.
Section 51(2)(a) allows 42 days' notice where the owner requires the premises, within 90 days after the termination date, as the principal residence for at least 90 days of the owner or a family member. A notice shorter than 90 days must state the reason (s 51(3)(ca)).
Why This Is the Correct Answer
Section 51(2)(a) permits 42 days' notice for genuine family occupation within 90 days for at least 90 days.
Why the Other Options Are Wrong
Option B: At least 42 days, whatever the son's plans once the tenant has moved out.
The s 51(2)(a) ground requires the family member to occupy within 90 days and for at least 90 days.
Option C: At least 63 days, because family occupation is an owner-occupier ground.
Sixty-three days is a repealed period; the family-occupation ground now uses 42 days.
Option D: At least 90 days, because adult children are not family members under the Act.
Children are family by blood, so the 42-day ground can apply to a son.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
42 days for family: they must move in within 90 days and stay at least 90 days.
Common Mistakes to Avoid on Property Management Questions
- •Forgetting the occupation timing requirements attached to the 42-day ground.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → 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?
People Also Study
Property Law & Legislation
56 questions
Agency Practice
89 questions
Sale & Purchase Process
63 questions
Professional Conduct & Ethics
46 questions
Related Study Resources
Previous Question
The living room of a rental is heated only by a portable unflued gas heater supplied by the landlord. Does this meet the healthy homes heating standard?
Next Question
Three months after a tenancy ended, a landlord who never agreed the bond split with the tenant wants to apply alone for part of the bond. What is the position?