Ending a tenancy by giving notice
A tenant can end a periodic tenancy by giving 28 days’ notice (s 51(2) RTA). They do not have to provide a reason for ending the tenancy. Be aware that if there are multiple tenants named on the tenancy agreement, and any one of them gives notice, this ends the tenancy for all the tenants.
If a tenant leaves before the notice period has finished they will normally be liable to pay rent until the end of the notice period.
Ending a tenancy because of destruction of premises
If the premises the tenant is in are seriously damaged eg, because of a fire or earthquake, and can no longer be occupied, either the tenant or the landlord can end the tenancy. In this situation the tenant just needs to give two days’ notice (s 59 RTA). The rent should be abated accordingly, ie, reduced so that the tenant is only paying for the days they remain in the tenancy.
If the premises are damaged but not uninhabitable (s 59(4) RTA), the tenant should either negotiate for an appropriate rent reduction, or apply to the Tenancy Tribunal to terminate the tenancy, or simply give the 28 days’ notice if it is a periodic tenancy and they feel able to stay (or pay) for that period (see above).
Ending a tenancy because of family violence
The Residential Tenancies Act now contains provisions that will ensure tenants experiencing family violence are able to leave tenancies if they need to (s 56B RTA). These provisions are expected to come into force in late 2022.
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