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tenancy

How much notice must a landlord give to end a periodic tenancy?

Key Takeaway

Landlords ending a periodic tenancy must give specific written notice, typically 90 days, for reasons like selling the property or moving in. Other grounds, such as repeated anti-social behaviour or rent arrears, require an application to the Tenancy Tribunal, which can order termination with at least 28 days' notice. All legal claims must be backed by the Residential Tenancies Act 1986.

Landlord Notice Periods for Ending a Periodic Tenancy in New Zealand

A periodic tenancy is a residential tenancy agreement that continues until either the landlord or the tenant gives written notice to end it, without a fixed end date [Source: Residential Tenancies Act 1986, s 16]. Unlike a fixed-term tenancy, which ends on a specific date, a periodic tenancy requires proper notice from either party to terminate. This article outlines the notice periods and grounds under which a landlord may terminate a periodic tenancy in New Zealand.

General Requirements for Landlord Termination Notices

For a landlord to terminate a periodic tenancy, a valid notice must be issued to the tenant. This notice must:

  • Be in writing [Source: Residential Tenancies Act 1986, s 52(1)(a)].
  • State the reason for termination [Source: Residential Tenancies Act 1986, s 52(1)(b)].
  • Specify the date on which the tenancy is to terminate [Source: Residential Tenancies Act 1986, s 52(1)(c)].

Specific Grounds and Notice Periods

The Residential Tenancies Act 1986 (the Act) specifies various grounds upon which a landlord may terminate a periodic tenancy, each with a required minimum notice period.

90 Days' Notice

A landlord may give at least 90 days' written notice to terminate a periodic tenancy on the following grounds:

  • Sale of the Property: The landlord has entered into an unconditional agreement for the sale of the premises with a new owner who requires vacant possession [Source: Residential Tenancies Act 1986, s 51(2)(a)].
  • Landlord or Family Moving In: The landlord or a member of their family (which includes parents, children, or a partner) requires the premises as their principal place of residence [Source: Residential Tenancies Act 1986, s 51(2)(b)].
  • Demolition: The premises are to be demolished [Source: Residential Tenancies Act 1986, s 51(2)(c)].
  • Commercial Use: The premises are to be converted into a commercial premise for at least 90 days [Source: Residential Tenancies Act 1986, s 51(2)(d)].
  • Extensive Alterations or Renovations: The landlord intends to carry out extensive alterations or renovations to the premises, and it would be impracticable for the tenant to remain on the premises while they are carried out [Source: Residential Tenancies Act 1986, s 51(2)(e)].

60 Days' Notice

A landlord may give at least 60 days' written notice to terminate a periodic tenancy if:

  • Premises Unlawful: The premises are not lawfully able to be used for residential purposes [Source: Residential Tenancies Act 1986, s 51(2)(f)].

Tribunal-Ordered Termination (Minimum 28 Days' Notice)

For certain grounds, a landlord cannot unilaterally issue a termination notice but must apply to the Tenancy Tribunal for an order to terminate the tenancy. The Tenancy Tribunal is an independent judicial body that resolves disputes between landlords and tenants [Source: Residential Tenancies Act 1986, s 77]. If the Tribunal grants an order for termination, the date specified for the tenancy to end must be at least 28 days after the order is made.

These grounds include:

  • Repeated Anti-Social Behaviour: If the landlord has given the tenant three separate written notices for separate anti-social acts within a 90-day period, the landlord can apply to the Tenancy Tribunal for an order to terminate the tenancy [Source: Residential Tenancies Act 1986, s 51A].
  • Repeated Rent Arrears: If the tenant has been at least 21 days in arrears with rent on three separate occasions within a 90-day period, the landlord can apply to the Tenancy Tribunal for an order to terminate the tenancy [Source: Residential Tenancies Act 1986, s 51B].

Tenant's Rights After Receiving Notice

If a tenant receives a termination notice from their landlord, they have the right to challenge its validity at the Tenancy Tribunal if they believe it is unlawful or incorrect. Furthermore, if a landlord gives notice to terminate a periodic tenancy, the tenant may give notice to terminate the tenancy on an earlier date, provided they give at least 21 days' notice and the tenancy terminates on or before the date specified in the landlord's notice [Source: Residential Tenancies Act 1986, s 53].

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding tenancy agreements, or who are involved in a dispute concerning notice periods or tenancy termination, should consult with the Tenancy Services or a Community Law Centre for free advice. Further assistance can be obtained from private legal practitioners for personalised guidance.

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