Landlord ending a periodic tenancy

A landlord can end a periodic tenancy with 90 days’ notice without needing a reason or in a shorter timeframe for specific reasons.
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In January 2025, changes to the Residential Tenancies Act (RTA) came into effect that mean that landlords can now give tenants 90 days’ notice to end a periodic tenancy without needing a reason (no-cause termination) (s 51(1) RTA). This is a reversal of the 2021 changes to the RTA that gave tenants more certainty by limiting the reasons for which a landlord could end a tenancy.

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

Landlords can end the tenancy with 90 days’ notice

If a tenant has a periodic tenancy, the landlord can end their tenancy by giving them 90 days’ notice that the tenancy will come to an end (s 51(1) RTA). The landlord does not need to give any reason for ending the tenancy.

The only way a tenant can challenge a no-cause termination is if they believe the landlord has given them notice because they spoke up about problems with the property or exercised their legal rights. This is called retaliatory notice and it is an unlawful act. Find out more about a tenant’s rights when they believe a termination notice is retaliatory.

Quick tip

If the landlord has given 90 days’ notice and there is no evidence that it is retaliatory, the tenant cannot challenge the notice. However, they can try talking to the landlord to see if there is anything that would make continuing the tenancy work for the landlord. Even though the landlord is not required by law to give a reason, they will have a reason they are bringing the tenancy to an end. There may be scope to talk this through.

When landlords can end the tenancy with 42 days’ notice

In January 2025, changes to the Residential Tenancies Act (RTA) came into effect that shortened some tenancy notice periods from 90 or 63 days to 42 days. If a termination notice was issued before 30 January 2025, then that notice remains valid and cannot be replaced with a shorter notice period based on the new rules.

Property needed for landlord or their family to live in

A landlord can give a tenant 42 days’ notice to end the tenancy if they require the property for them or a family member to live in (s 51(2)(a) 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. This only applies in situations where the landlord is a natural person and not if the landlord is a company.  

Property needed for landlord’s employee or contractor to live in

A landlord can give a tenant 42 days' notice to end the tenancy if the property is needed for a landlord's employee or contractor to live in (s 51(2)(c) RTA). For this notice to be valid, the current tenant's tenancy agreement must clearly state that housing employees is the normal or intended use of the property.

Property is sold and vacant possession is required

A tenant can also be given 42 days’ notice to move out if the landlord has sold the property and the sale requires the property to be vacant (s 51(2)(b) RTA).

For other changes, such as the property having major renovations or being demolished, the landlord must give the standard 90 days’ notice.

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 42-day) notice then they can give notice that they want to end the tenancy in 21 days.

Ending a tenancy because the property is damaged or destroyed

If a rental property is seriously damaged and can no longer be occupied, the landlord can give seven days’ notice to end the tenancy (s 59 RTA). The tenant can end the tenancy with two days’ notice.

If the property is partially destroyed or part of it is damaged and uninhabitable, either the landlord or the tenant can apply to the Tenancy Tribunal to end the tenancy sooner than would happen if either party gave no-cause notice (s 59(4) RTA).  The Tenancy Tribunal can make an order ending the tenancy if it is satisfied that it would be unreasonable to require the landlord to fix the damage and reinstate the property or to require the tenant to continue with the tenancy even on reduced rent.  

Ending a tenancy because of assault by the tenant

A landlord can end a tenancy by giving at least 14 days' notice 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 can challenge the termination notice in the Tenancy Tribunal. If the tenant applies to the Tenancy Tribunal before the 14-day notice period is up, the tenancy will not terminate under the notice, and it will be up to the Tenancy Tribunal to decide the outcome (s 55AA(5) RTA).

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

The landlord must use the Approved Form to give notice and provide 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.

When a landlord can apply to the Tenancy Tribunal to end a tenancy

A landlord can remove tenants in a periodic tenancy by issuing a 90-day no-cause termination. However, the landlord can apply to the Tenancy Tribunal for earlier termination of the tenancy if the tenant has significantly or repeatedly breached the tenancy agreement. This includes if the tenant:

  • is more than 21 days overdue in paying rent (s 55(1)(a) RTA)
  • is more than 5 days late paying rent three times in a 90-day period (s 55(1)(aa) RTA)
  • has engaged in anti-social behaviour three times in a 90-day period (s 55A RTA)
  • has caused substantial damage to the property (s 55(1)(b) RTA)
  • has assaulted (or threatened to assault) the landlord or a member of their family or their agent, a neighbour, or another occupier of the building that the premises are in (s 55(1)(c) RTA).
A landlord can also apply to end the tenancy if anyone who is on the property with the tenant’s permission causes damage or assaults someone as per above. This includes flatmates who are not on the tenancy agreement and guests.

A landlord can also apply to the Tenancy Tribunal to end a periodic tenancy on hardship grounds (s 55B RTA).

Find out more about ending a tenancy via the Tenancy Tribunal.

Ending a social housing tenancy

The Residential Tenancies Act (RTA) 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.

The reinstatement of no-cause terminations in the 2024 RTA law changes means that social housing landlords can end a social housing tenancy with 90 days' notice without providing a reason. Because of this, previous special provisions that allowed social housing tenancies to be terminated with 90 days' notice (eg, tenant no longer eligible for social housing) have been repealed.

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).

Next steps

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