42-Day Notice to End a Tenancy in NZ: The Three Grounds

Unlike the no-cause 90-day notice, a 42-day notice always requires a specific, genuine ground - and the ground must actually be true. Claiming one of these reasons when it is not the real intention exposes a landlord to exemplary damages, on top of the notice itself being invalid.

What are the three grounds for a 42-day notice?

A landlord can end a periodic tenancy on 42 days' written notice for any of these three reasons:

• Sale with vacant possession. There is an unconditional sale and purchase agreement that requires the property to be handed over vacant. If the sale does not require vacant possession, the buyer takes the property subject to the existing tenancy and the tenant stays - no notice is needed or available on this ground.
• Owner or close family moving in. The owner or a family member will move into the property as their principal place of residence and will live there for at least 90 days after the tenancy ends.
• Employer-provided accommodation. The property is required for an employee or contractor named in the tenancy agreement as being employed by the landlord for that purpose.

Why is 42 days shorter than the 90-day no-cause notice?

Each of these three grounds involves a deadline the landlord does not control - a settlement date, a family member's move-in date, or a new employee's start date - so the notice period is shorter than the open-ended 90-day no-cause pathway. In exchange for the shorter period, the landlord has to actually have a genuine, provable reason that fits one of the three grounds.

What happens if the stated reason turns out not to be true?

Claiming a 42-day ground that is not genuine - for example, saying you or family are moving in when the real plan is to re-let the property at a higher rent - is not just a procedural problem. It exposes the landlord to a claim for exemplary damages if the tenant later establishes the real reason. The Tribunal treats a false ground more seriously than simply getting a date wrong.

How is the 42 days counted?

As with any notice, the 42 days run from the date the tenant is treated as having received it, not the date it was written or posted. Service time depends on the method: in person counts as received immediately, in the letterbox or on the door counts as received 2 working days later, posted counts as received on the fourth working day after posting, and an electronic address for service counts as received the same day if sent before 5pm, or the next working day if sent after 5pm.

What happens once the 42 days are up?

The same close-out steps apply as any other tenancy ending: a final inspection, bond reconciliation, settling outstanding rent, and returning keys. Keep the notice, proof of the genuine ground (the sale agreement, evidence of the move-in plan, or the employment record), and proof of service - if the tenant disputes the ending, this is the evidence the Tribunal actually weighs.

Frequently asked questions

Can I use the 42-day sale ground if the sale is still conditional?
No - the sale agreement must be unconditional before the 42-day notice can be given. A conditional agreement does not support this ground yet.

How long does the owner or family member have to live in the property?
At least 90 days, as their principal place of residence, starting once the tenancy has ended.

Can I give a 42-day notice for a fixed-term tenancy?
A fixed-term tenancy ends on its agreed end date under the 2024 Amendment. These 42-day grounds apply to ending a periodic tenancy; ending a fixed-term tenancy earlier needs the tenant's agreement or the same specific grounds under the applicable provisions.