90 Day Notice Reasons

[Wayne]

I remember that case. But thinking back, it seems to be quite a stretch unless neither of the company directors were to assume occupancy.

Surely directors are just that? They aren't 'the company'.
Since a company isn't a natural person a company can't live in the house.
Always seemed logical to me, a consequence of a company structure.

[Perry]

Surely directors are just that? They aren't 'the company'.
Since a company isn't a natural person a company can't live in the house.
Always seemed logical to me, a consequence of a company structure.

Looking at the definitions in the RTA, I see:

landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes—
(a) a prospective landlord; and
(b) a former landlord; and
(c) a lawful successor in title of a landlord to the premises; and
(d) the personal representative of a deceased landlord; and
(e) an agent of a landlord

To me, the 'natural person' thing is a TT Kangaroo Kourt ruse. Or worse: just a sophistry; trickery with words.

There is no definition of "natural person" in the RTA. Nor is there any definition of "owner."

51 Termination by notice
(1) Subject to sections 52, 53, 53A, 59, and 59A, the minimum period of notice required to be given by a landlord to terminate a tenancy shall be as follows:
(a) where the owner of the premises requires the premises as the principal place of residence for the owner or any member of that owner’s family, 42 days:
(b) where the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of the landlord, that fact being clearly stated in the tenancy agreement, and the premises are required for occupation by such an employee, 42 days:
(c) where the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession, 42 days:
(d) in any other case, 90 days.

Would not a director be de facto an agent of the company?

[Wayne]

Would not a director be de facto an agent of the company?

You could be right.
Thinking back on the case I have a feeling that the person wanted 42days notice for a family member to move in.
A company can't have family.
The family member could become an employee I suppose.

51 (c) is interesting. I have seen people give 42days notice because they intend to sell but in reality the act says that you have to have an unconditional S&P to pull the 42days.

[Perry]

51 (c) is interesting. I have seen people give 42 days notice because they intend to sell but in reality the act says that you have to have an unconditional S&P to pull the 42days.

I can't locate that. What it's section / clause number?

[donna]

Yes very interesting - we do need to occupy a property while our home is being built. Ideally we will give 60 days notice as they've been great long term tenants - don't want to have to stretch that to 90 days though.

cheers,

Donna

[Keys]

I can't locate that. What it's section / clause number?

51 (1c) (mamc)

[Perry]

I can't locate that. What it's section / clause number?

51 (1c)

Thanks, Keys. Unconditional too, I see.

51 Termination by notice
(1) Subject to sections 52, 53, 53A, 59, and 59A, the minimum period of notice required to be given by a landlord to terminate a tenancy shall be as follows:
(c) where the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession, 42 days:

[Wayne]

I can't locate that. What it's section / clause number?

It was in your post above mine.
Should have been 51 1(c)