What is “reasonable” in this context will turn on a number of factors, such as the nature of the breach.ĭefault notices under the Act are clearly important documents that must, in addition to allowing for the Minimum Notice Periods, meet other strict requirements in order to be valid. For these breaches, the Act has always required the notice period to be one that is “reasonable in the circumstances”. No changes were made to the minimum notice period that a landlord must give to a tenant who is in default for breaches that do not relate to the non-payment of rent (for example, breaching maintenance obligations). If the default mortgage or commercial lease rental default occurred between 1 April 2020 and 19 April 2023, the notice should still include the extended Minimum Notice Periods. It is important to note that it is the date of default (rather than the date of the notice) which is relevant in terms of which Minimum Notice Period should be used in a notice. for commercial lease rental defaults that occur on or after 20 April 2023, the Minimum Notice Period will revert back to the original period (i.e.for mortgage defaults that occur on or after 20 April 2023, the Minimum Notice Period will revert back to the original period (i.e.the previous 10 working days) for lease rental defaults that occur between 1 April 2020 until six months after the Notice expires or is revoked. the previous 20 working days) for mortgage defaults that occur between 1 April 2020 until six months after the Epidemic Preparedness (COVID-19) Notice ( Notice) expires or is revoked and In May 2020, as part of its response to the COVID-19 pandemic, the New Zealand Government temporarily amended the Act to extend the Minimum Notice Periods to:
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