This topic remains a substantial area of inquiry on our consultancy line.
Can a landlord issue a 90-day notice under Section 51(2)(a) and market the property during the notice period?
Plus, what other crucial considerations should property owners take into account?
Tenancy Tribunal Ruling Summary
Under Section 51 (2) (a) of the RTA a landlord may terminate a tenancy with 90 days notice if the premises are put on the market by the owner within 90 days after the termination date for the purposes of sale or disposition.
Case Overview
In this case, the landlord informed the tenant about putting the premises on the market for sale under Section 47 of the RTA and provided 92 days’ notice for the tenant to vacate. Marketing activities, including property appraisal, photographs, and listing, took place before the termination date. The Tenancy Tribunal ruled that marketing activity can take place before the termination date.
The adjudicator stated:
“The only requirement in that section is that the premises are put on the market within 90 days after the termination. There is nothing in the subsection to prevent the premises from being marketed before the termination date.”
As a result, the termination notice was deemed lawful.
So how has this decision influenced tenancy law? Why is it subject to change? Plus, what other crucial considerations should
property owners take into account?
