Landlord ending a periodic tenancy

In general a landlord can only end a tenancy for a specific reason, which they have to justify.
Young woman 01

The content in this section does not apply to boarding house tenancies which have their own rules about ending a tenancy.

The landlord must have a valid reason to end the tenancy

Under the Residential Tenancies Act a landlord cannot end a tenancy without reason. This reflects a recent change to the law which is about trying to improve the security of tenure for tenants. For more details about these changes and why they have occurred see reform of the Residential Tenancies Act.

The landlord can only end a tenancy for one of the reasons specified below, or by application to the Tenancy Tribunal.

Ending a periodic tenancy because the landlord needs the property for them or their family to live in

The landlord can end a periodic tenancy with 63 days’ notice if they require the property for them or a family member to live in (s 51(1)(s) RTA). If they issue a notice for this reason then they or their family member must move into the premises within 90 days of the tenancy ending, and must remain living there for at least 90 days.

Landlords can also issue a 63-day notice to end the tenancy if the property is required for an employee and this is clearly spelled out in your tenancy agreement.

Ending a periodic tenancy because of changes to the property

The landlord can end a periodic tenancy with 90 days’ notice for a range of reasons related to changes to the property (s 51(2)(s) RTA). These include:

  • The landlord intends to put the property on the market within 90 days of the tenant leaving the property.
  • The owner has sold the house and the sale requires the property to be vacant.
  • The landlord is going to change the use of the property (eg, to use it as a business premises).
  • The landlord is going to renovate, repair, or redevelop the property starting within 90 days of the termination notice and it would not be practical for the tenant to remain in the property.
  • The premises are going to be demolished, with work starting within 90 days of the tenancy ending.

A landlord can cancel a termination notice, but only with the agreement of the tenant.

The tenant can apply to the Tenancy Tribunal, even after the end of a tenancy, if the landlord improperly terminated the tenancy. Damages or compensation can be ordered to cover any loss or damage suffered by the tenant due to the landlord ending the tenancy illegally. 

Quick tip

If a tenant wants to leave prior to the 90 day (or 63 day notice) then they can give notice that they want to end the tenancy in 28 days.

Ending a tenancy because of assault by the tenant

A landlord can end a tenancy by giving at least 14 days notice using the Approved Form if the tenant has physically assaulted the landlord, their family or their agent and the Police have filed a charge against the tenant in relation to the assault (s 55AA(1) RTA).

The tenant then has 14 days to challenge the termination notice in the Tenancy Tribunal.

"Physical assault" means the act of intentionally applying force to the person of another, directly or indirectly.

The landlord must use the Approved Form to give notice and must accompany any notice to evict the tenant for assault with evidence that the Police have charged the tenant in relation to this assault.This evidence can be either:
  1. The Police charging document or
  2. Written confirmation from the Police that charges for assault have been filed.

When issuing the notice, the landlord must advise the tenant in the notice that they have the right to challenge the notice through the Tenancy Tribunal. If the tenant does challenge the notice then the notice is suspended and the tenant can remain in the premises until the Tenancy Tribunal has heard the case. It will then be for the landlord to prove that the physical assault occurred.

Ending a social housing tenancy

The Residential Tenancy Act applies to social housing providers, including Kāinga Ora and their tenants. This means they must comply with the requirements in relation to the reasons a tenancy can be ended, the notice period, and how notice is given. In addition to the reasons above, a social housing tenancy can also be ended (with 90 days notice) for a number of other reasons (s 53B(1) RTA). These are that:

  • the tenant is no longer eligible for social housing, or
  • a community housing provider ceases to be a registered community housing provider, or
  • the social housing provider requires the tenant to transfer to different social housing provided by that provider, and that the other housing is appropriate for the tenant’s housing needs as most recently assessed.
A tenancy of Kāinga Ora can be ended with 90 days notice if the tenancy was granted before 14 April 2014.

Ending a student hostel tenancy

If the tenant is living in a student hostel, run by a university or other tertiary institution, and they stop being eligible to live there, eg, because they stop being a student, then they can be asked to move out with 14 days’ notice (s 53A(2) RTA).

Dealing with a retaliatory notice

If a tenant considers that the landlord has given them notice to end the tenancy in retaliation for the tenant exercising their rights, or complaining about the landlord, this is an unlawful act. The tenant can apply to the Tenancy Tribunal for an order declaring the notice invalid (s 54(1) RTA). If this occurs the Tribunal can order exemplary damages of up to $6,500 (Schedule 1A RTA).

Next steps

flax
Young woman 01