Moving out: When and how tenancies end
Giving notice to end an indefinite (“periodic”) tenancy
Residential Tenancies Act 1986, ss 2, 50, 51
“Periodic” tenancies are ones that run indefinitely, with no fixed end date in the agreement. If one side wants to end the tenancy, they have to give the legally required amount of notice. The notice period is different depending on whether it’s you or the landlord who gives notice.
Any notice to end a tenancy has to be in writing.
How much notice do I have to give when I move out?
Residential Tenancies Act 1986, s 51(2B)
If you want to end the tenancy you have to give your landlord at least four weeks’ (28 days) notice, unless the landlord agrees that you can give less notice than this.
How much notice does my landlord have to give me if they want me to move out?
Residential Tenancies Act 1986, s 51
From February 2021, landlords must give you 90 days’ (at least three months) notice if they want to end the tenancy and it has to be for one of these reasons:
- the landlord is putting the property on the market for sale within 90 days of the set end date, or
- they’ve sold the property and the owner needs it to be empty (known as an unconditional sale, with “vacant possession”), or
- it would be impractical for you to stay in the property because the landlord wants to do major alterations, refurbishment, repairs, or redevelopment within 90 days of the set end date, or
- the landlord is changing the property to a commercial premise for at least 90 days, or
- the landlord needs the property to be vacated for a business activity, and they told you that they use the property for that purpose, or
- the landlord wants to demolish the property within 90 days’ after the set end date.
Residential Tenancies Act 1986, s 51
However, they only have to give you 63 days’ (at least nine weeks) notice if:
- the landlord or one of their family wants to live in the place as their main home (usually it has to be immediate family) for at least 90 days, or
- one of the landlord’s employees is going to live there, and the landlord told you before the tenancy started that the property was used for housing employee, or
- your tenancy agreement clearly states that the landlord is the Ministry of Education and the property is usually for a school board of trustees.
If you’re given only 63 days’ notice in one of those situations, the landlord’s written notice to you must give the reason for ending the tenancy.
Written notice required
The landlord has to give you written notice if they put the property up for sale.
How much notice does my social housing landlord have to give me if they want me to move out?
Residential Tenancies Act 1986, s 53B
Social housing refers to the government’s subsidised rental housing system, like Kāinga Ora for example.
You have to be given at least 90 days (three months) notice if:
- you’re renting from Kāinga Ora on a tenancy agreement signed before 14 April 2014
- you’re a tenant in social housing but you’re no longer eligible for it, or
- your housing provider has stopped being a registered provider, or
- your housing provider has a good reason to move you to another place that they operate, and the place you’re being moved to is right for your needs.
For more information on social housing situations, see “Social housing: Tenants in state and community housing” later in this chapter.
Exceptions: When the usual notice requirements for indefinite tenancies don’t apply
The usual amount of notice doesn’t have to be given in these situations:
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- by agreement – your landlord can agree in writing to you ending the tenancy early
- renting from your boss – if your landlord is also your employer, and you quit the job or are fired or transferred, the notice period is at least two weeks (14 days), and in some situations less. (These are called “service” tenancies)
- student hostels – if you’re staying in a student hostel run by a university, polytech or other tertiary education organisation, and you stop being a student, the notice period is at least two weeks (14 days)
- Tenancy Tribunal Order – The Tribunal can allow a shorter notice period, and it can also bring the tenancy to an end in some cases – for example, if you’re three weeks or more behind in the rent (see below “When the Tenancy Tribunal can end a periodic tenancy”)
Exceptions for family violence and physical assault
There are two recent changes to the law that allow tenants and landlords to end the tenancy giving a shorter notice period:
- Family violence – If you need to leave your flat quickly because you are experiencing family violence, the notice period has changed to two days’ notice (with evidence of family violence). The Ministry of Housing and Urban Development is creating a set of regulations to let you know what kind of evidence you need to provide when you give notice to your landlord. See “Giving notice to end a tenancy due to family violence” below.
- Physical assault – If you assault the landlord, owner, their family, or the agent, the minimum notice period the landlord can give you is 14 days. The Ministry of Housing and Urban development is still deciding what information landlords must include in the ’14 days’ notice for termination’ in this situation. However landlords in this situation can still apply to the Tenancy Tribunal to end the tenancy before the regulations are ready.
Does my landlord have to give me a reason for wanting me to move out?
Residential Tenancies Act 1986, ss 12, 51, 54, Sched 1A
If your landlord gives you 90 or 63 days’ notice, they have to give one of the reasons set out above. See “How much notice does my landlord have to give me if they want me to move out?”.
The landlord can’t end the tenancy in retaliation against you because you exercised your rights as a tenant or because they’re discriminating against you (for example, if they’ve given you notice because they’ve found out that you and your co-tenant are a same-sex couple). Discriminating against you is illegal.
In those cases, you can go to the Tenancy Tribunal to get them to declare that the landlord’s notice isn’t legally valid. The Tribunal can also order the landlord to award you “damages” of up to $4,000 for this.
