Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made.
A tenancy agreement isn’t frustrated if the tenant or the landlord has been negligent and caused the problem.
Material terms are considered so important that even the smallest breach gives the other party the right to end the tenancy.
For example, a landlord refuses to make repairs or provide essential services such as heat, electricity or water.
This means the unit must be cleaned and all keys given to the landlord by then, unless the landlord agrees in writing to a later time.
A tenant who doesn’t move out on the effective date of a Notice to End Tenancy is called an overholding tenant.
Revised legislation carried on this site may not be fully up to date.
Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area.If a landlord has breached a material term of the tenancy agreement, the tenant may be able to end the tenancy without giving the full months’ notice required to end a month-to-month tenancy.Before ending a tenancy for breach of a material term, a tenant must provide a “breach letter” to the landlord that states: If the landlord has broken a material term and refuses to correct the problem within a reasonable period of time after receiving the “breach letter,” then the tenant can give the landlord written notice to end the tenancy and may apply for dispute resolution claiming compensation from the landlord.Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team.To avoid disputes, both the landlord and tenant should be clear about when the tenant’s notice requires the tenant to move out.