If your residential rental unit falls under rent control, your landlord cannot evict you without a valid reason. A landlord cannot forcibly remove a tenant unless they get a possession order from the Magistrates' Court.
As long as a tenant behaves properly, pays their rent regularly, and complies with the terms of the tenancy agreement, a landlord cannot serve an eviction notice (Notice to Quit) except in these situations:
- A tenant fails to pay rent or breaches any other agreement or condition of the rental agreement
- A landlord requires the premises for their own occupation, or for the occupation of their father, mother or any child or grandchild of theirs over the age of 18 years or married
- A landlord wishes to rebuild the premises or intends to carry out extensive renovations that cannot be carried out with the tenant in occupation
- A landlord specifies that a tenant is undesirable (as defined under the provisions the Act) and the landlord has given an opportunity to remedy the matter complained of and the tenant has failed to do so.
When a landlord serves a Notice to Quit for either occupation or renovation, he or she is required to note that the tenant has the right, within 14 days, to serve a Counter Notice(RC/9 Form), disputing the right of the landlord to serve a notice to quit.
If the Notice to Quit does not contain this information, it is considered void.
This Counter notice (RC/9 Form must be printed and copied in triplicate, with a copy served on the landlord, a copy retained by the tenant, and a copy given to the Rent Commission (for information purposes only). Alternatively, a copy of the counter notice can be obtained from the Consumer Affairs office.
If the tenant does not serve a Counter Notice, they must vacate the premises in accordance with the terms of the Notice to Quit. If the tenant does serve a Counter Notice, then the landlord must apply to the court, again within 14 days, for an order for possession of the premises. The question as to whether the tenant should vacate the premises and when is decided by the Magistrates' Court. If the landlord does not apply to the Magistrate’s Court for an order of possession, the Notice to Quit is void.
Landlord to Tenant Notices to Quit
1. Fill out this Notice to Quit form if the tenant is in breach of tenancy agreement.
2. Fill out this Notice to Quit form if your are a landlord requiring possession of the premises for yourself, your father, your mother, or any child or grandchild of yours over the age of eighteen years or married.
3. Fill out this Notice to Quit form if your are a landlord requiring possession of the rental premises for the purpose of carrying out major renovations.
Tenant to Landlord Notice to Vacate Premises
Fill out this Notice to Quit form if you are a tenant wishing to give notice to vacate the premises at termination of tenancy.