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tenancy

Terminating a tenancy to move family in: The 63-day rule

Key Takeaway

Landlords in New Zealand can terminate a periodic tenancy to move themselves or a family member into the property. This requires providing the tenant with at least 63 days' written notice. This rule applies only to periodic tenancies, not fixed-term agreements, and specific legal requirements must be met for the notice to be valid.

Terminating a Tenancy for Family Occupation: The 63-Day Rule

In New Zealand, landlords wishing to move themselves or a family member into a rental property must follow specific legal procedures under the Residential Tenancies Act 1986 (RTA). This includes providing a minimum notice period, often referred to as the '63-day rule'.

What is the 63-Day Rule?

The 63-day rule refers to the minimum period of notice a landlord must give to a tenant to end a periodic tenancy when the landlord or a member of their family intends to move into the property as their principal place of residence [Source: Residential Tenancies Act 1986, s 51(4)]. A periodic tenancy is a tenancy agreement that continues indefinitely until either the landlord or tenant gives written notice to end it [Source: Residential Tenancies Act 1986, s 66(1)].

When Can a Landlord Use This Rule?

A landlord can give notice to terminate a periodic tenancy for specific reasons, including requiring the premises as a principal place of residence for themselves or for any member of their family [Source: Residential Tenancies Act 1986, s 51(2)(c), s 51(3)(a)]. This means the property must genuinely be intended as the primary home for the landlord or the family member.

Who is Considered a 'Family Member'?

The RTA provides a broad definition for 'family' in this context. It includes, but is not limited to, a parent, child, grandparent, grandchild, or sibling of the landlord [Source: Residential Tenancies Act 1986, s 51(3)(a)].

Notice Requirements

For the notice to be valid, it must meet specific criteria:

  • In writing: The notice must be in written form [Source: Residential Tenancies Act 1986, s 51A(1)].
  • Minimum 63 days: The notice period must be at least 63 days [Source: Residential Tenancies Act 1986, s 51(4)].
  • Specific reason: The notice must clearly state the reason for termination, i.e., that the landlord requires the premises for their own occupation or for a specified family member [Source: Residential Tenancies Act 1986, s 51A(2)(c)].
  • Address and termination date: The notice must specify the address of the premises and the date on which the tenancy is to terminate [Source: Residential Tenancies Act 1986, s 51A(2)(a), s 51A(2)(b)].

Fixed-Term Tenancies vs. Periodic Tenancies

It is important to understand that the 63-day rule for landlord or family occupation only applies to periodic tenancies [Source: Residential Tenancies Act 1986, s 51(2)(c), s 51(4)]. A fixed-term tenancy is a tenancy agreement for a specific period of time, with a set start and end date [Source: Residential Tenancies Act 1986, s 66(2)]. Generally, a landlord cannot unilaterally terminate a fixed-term tenancy early for the purpose of moving themselves or a family member in [Source: Residential Tenancies Act 1986, s 60A]. Fixed-term tenancies can typically only be ended early by mutual agreement between the landlord and tenant, or by an order of the Tenancy Tribunal in specific hardship circumstances [Source: Residential Tenancies Act 1986, s 60A(3)].

Obligations After Notice is Given

Once a valid notice has been served, the tenant is expected to vacate the premises by the specified termination date. Both parties retain their rights and obligations under the tenancy agreement until the tenancy officially ends.

Disputes

If there is a disagreement about the validity of a termination notice or whether the landlord genuinely intends to occupy the property, either party may apply to the Tenancy Tribunal to resolve the dispute [Source: Residential Tenancies Act 1986, s 77]. The Tenancy Tribunal is an independent judicial body that resolves disputes between landlords and tenants.

When to Seek Independent Legal Advice

Individuals seeking to understand their specific rights and obligations regarding tenancy termination should consult with official bodies or legal professionals. Free legal advice may be available from Community Law Centres throughout New Zealand. These centres provide general legal information and advice to the public. For detailed information on residential tenancy law, individuals may also consult Tenancy Services.

Key Resources