Residential Tenancies Act 1986 โ€” Sections 51, 56

Notice periods to end a tenancy in New Zealand

How much notice is required depends on who is ending the tenancy, what type of tenancy it is, and the reason for termination. Here are the exact periods under the RTA.

๐Ÿ“‹ Residential Tenancies Act 1986, Sections 51โ€“56 โ€” In force as at 1 December 2025

Landlord notice to end a periodic tenancy (Section 51)

Without giving a reason โ€” 63 days

A landlord can end a periodic tenancy without giving any reason, but must give at least 63 days written notice. This applies when the landlord simply wants the property back โ€” for example, to move in themselves or a family member.

Sale of property โ€” 42 days

If the property has been sold and the purchaser requires vacant possession, the landlord must give at least 42 days written notice.

Landlord requires property for own use โ€” 63 days

If the landlord or a member of their family requires the property as their primary residence, 63 days written notice is required. The landlord must genuinely intend to use the property โ€” giving false reasons is a serious breach.

Anti-social behaviour โ€” 14 days (after 3 warnings)

If the tenant has received three written anti-social behaviour notices within a 90-day period, the landlord may give 14 days notice to terminate.

Non-payment of rent โ€” 21 days

After the formal rent arrears process has been followed, the landlord may give 21 days notice. The landlord must first give the tenant a 14-day notice to pay, wait, and then apply to the Tribunal or give termination notice.

Tenant notice to end a periodic tenancy

21 days โ€” no reason required

A tenant on a periodic tenancy may end the tenancy by giving at least 21 days written notice. No reason is required. The notice must specify the date the tenancy ends.

Fixed-term tenancies (Section 56)

Fixed-term tenancies cannot be ended early by notice alone

A fixed-term tenancy runs until the agreed end date. Neither party can terminate it by notice before that date โ€” except by mutual agreement, abandonment, or Tribunal order.

What happens at the end of a fixed term?

At expiry, the tenancy automatically converts to a periodic tenancy unless both parties agree otherwise in writing at least 21 days before the expiry date. If either party wants the tenancy to end on the fixed-term date, they must give written notice before that 21-day point.

Source: Residential Tenancies Act 1986, Sections 51โ€“56. Official text at legislation.govt.nz. This is general information, not legal advice โ€” contact Citizens Advice Bureau or a tenancy lawyer for your specific situation.

Frequently asked questions

Can a landlord end a tenancy because they want to renovate?
Yes, but with restrictions. Renovations must be of a nature that requires vacant possession and cannot reasonably be done with the tenant in place. The landlord must give 63 days notice and genuinely intend to carry out the renovations.
Does notice have to be in writing?
Yes. All termination notices under the RTA must be in writing. A text message or email is sufficient. A verbal notice is not valid and the notice period does not start until written notice is given.
Can a tenant leave before the notice period ends?
The tenant can leave early with the landlord's agreement. Without agreement, the tenant remains liable for rent until the end of the notice period, or until a new tenant is found โ€” whichever comes first.
What if the landlord gives the wrong amount of notice?
The notice is invalid. The tenant does not have to leave. If the landlord tries to force the tenant out on an invalid notice, they may be liable for exemplary damages and the Tenancy Tribunal can declare the notice void.

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