How to End a Tenancy in NZ: Notice Periods, Rules, and What Goes Wrong

Ending a tenancy in New Zealand is more procedurally demanding than most landlords expect. The Residential Tenancies Act 1986 (as amended in 2024) sets strict rules around notice periods, grounds, and documentation. Get them wrong and your notice is invalid - the tenancy continues, and you have to start again. The Tenancy Tribunal sees a steady flow of cases where perfectly legitimate tenancy terminations failed on procedural grounds.

This guide covers the main scenarios: tenants ending their own tenancy, landlords ending a periodic tenancy, landlords ending a fixed-term tenancy, and what happens when there is a problem with the tenancy itself.

When the Tenant Leaves: Their Notice Periods

Tenants on a periodic tenancy can end their tenancy by giving 28 days written notice. This is unchanged by the 2024 amendments. The notice must specify the date on which the tenancy ends, and that date must be at least 28 days after the notice is given.

Tenants on a fixed-term tenancy cannot generally leave before the end of the fixed term without the landlord's agreement or without paying compensation for the landlord's reasonable re-letting costs. If both parties agree, the tenancy can end earlier. If they don't agree, the tenant is liable for rent until a replacement tenant is found (up to the end of the fixed term).

If a tenant abandons the property without notice, that is a different process - you need to apply to the Tribunal for a termination order, and document the abandonment carefully.

When the Landlord Can End a Periodic Tenancy

This area has changed twice in five years. Labour's RTA Amendment Act 2020 (effective 11 February 2021) removed no-cause termination entirely and restricted landlord-initiated termination to a short list of specific grounds. National's RTA Amendment Act 2024 (effective 30 January 2025) reinstated 90-day no-cause termination and restructured the other notice periods. The current rules from 30 January 2025 onwards are:

• 90 days' notice - no cause required. This was the headline change of the 2024 Amendment. From 30 January 2025 a landlord can end a periodic tenancy on 90 days written notice without giving a reason.
• 42 days' notice - sale with vacant possession. Where there is an unconditional sale agreement requiring vacant possession. Shorter than the no-cause 90-day period because the transaction deadline is usually tight.
• 42 days' notice - 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.
• 42 days' notice - employer accommodation. The property is required for an employee or contractor named in the tenancy agreement.
• 14 days' notice - persistent rent arrears or anti-social behaviour. After three s.55 overdue-rent notices in 90 days, or three anti-social notices, you can apply to the Tribunal. If granted, termination runs on 14 days.

If the property is sold but the sale does not require vacant possession, the buyer takes the property subject to the existing tenancy - the tenant stays. If you want to sell with vacant possession you need to serve the 42-day notice once the unconditional sale agreement is in place.

Ending a Fixed-Term Tenancy

Under the 2024 Amendment, a fixed-term tenancy now ends on the agreed end date. That is a reversal of the auto-convert-to-periodic rule introduced in 2021. If both parties want the tenancy to continue, they can either sign a new fixed-term agreement or explicitly agree the tenancy continues on a periodic basis.

In practice, you should still write to the tenant at least 30-60 days before the end date to discuss what happens next. RentManager NZ generates a fixed-term options letter for this.

Ending a Tenancy for Cause: Breach Notices

When a tenant is not meeting their obligations - rent arrears, property damage, antisocial behaviour, unauthorised occupants - the process is different from ending a tenancy for the landlord's own reasons.

Rent arrears: If the tenant is at least 21 days in arrears and has been given a 14-day notice (s.56) to pay, and they have not paid, you can apply to the Tenancy Tribunal for a termination order. Alternatively, if the tenant has been persistently late with rent (habitually late, even if not in arrears), you can apply on that basis after a series of warnings.

Breach of tenancy agreement: For other breaches (damage, unauthorised pets, subletting without consent, etc.), you serve a 14-day breach notice (s.56) specifying the breach and what the tenant must do to remedy it. If they do not remedy it within 14 days, you can apply to the Tribunal for a termination order.

Antisocial behaviour: For serious antisocial behaviour - threatening, assaulting, or intimidating the landlord or neighbours, or causing serious damage - you can apply to the Tribunal for termination after a series of three antisocial behaviour notices (s.55A) within a 90-day period, or in a single serious case.

Abandonment: If you reasonably believe the tenant has abandoned the property, you need to apply to the Tribunal for a formal abandonment order. Do not just re-enter and re-let - without an order, you are liable for unlawful entry even if the tenant has genuinely gone.

In all breach cases, the Tribunal can order termination, or give the tenant another chance to fix the problem (particularly for first-time breaches). The Tribunal has discretion and does not automatically terminate even where a breach is established.

The Notice Process: What Can Go Wrong

The most common reasons valid terminations fail at the Tribunal:

Wrong notice period. Giving 60 days when 90 days is required, or giving notice that is a day short of the required period. The Tribunal checks dates carefully.

Invalid grounds. Claiming "I want to renovate" when no renovation is planned, or claiming owner-occupation when the intention is to rent to a different tenant at a higher rate. These are not just procedurally invalid - they expose the landlord to liability for exemplary damages.

Notice not in writing. Verbal notice does not count for any reason.

Incorrect delivery. Notice sent to an old address, or sent by a method the tenant has not agreed to. If you cannot prove the tenant received it, the notice period may not have started.

Using s.51 when only cause-based termination is available. If you are trying to remove a periodic tenant for reasons not listed under s.51, no amount of paperwork will make it stick. The 2024 amendments closed this off.

What Happens After Notice is Given

Once valid notice is given and the tenancy ends, the landlord and tenant need to:

• Carry out a final inspection and complete the property inspection report
• Reconcile the bond - the tenant applies to Tenancy Services for bond refund, and you can claim against the bond for damage or unpaid rent
• Settle any outstanding rent and provide a final receipt
• Return keys and any other property

If there is a dispute about bond deductions, the tenant can apply to the Tribunal and so can you. Keep inspection reports, photos, and invoices for any repairs - these are your evidence.

A Note on Fixed-Term Tenancies and the "No Grounds" Provision

The 2024 amendments also changed the rules for fixed-term tenancies and the "no grounds" termination that used to be available at the end of a fixed term. Previously, landlords could simply decline to renew a fixed-term tenancy without giving a reason. This is no longer available in the same way - the grounds for not continuing a fixed-term tenancy are now the same as for ending a periodic tenancy.

What this means in practice: if you want the property back at the end of a fixed term for any reason other than owner-occupation, sale with vacant possession, major renovation, or change of use, you cannot simply not renew. The tenancy converts to periodic and continues.

This is one of the most significant changes from the 2024 amendments and still catches landlords who have not updated their understanding of the law.

Documenting Everything

Whatever the reason for ending the tenancy, document it. Photograph the property condition at the start and end. Keep copies of all notices with delivery evidence. Keep the tenancy agreement, inspection reports, rent ledger, and all correspondence.

If the matter ends up at the Tribunal - whether for bond deductions, unpaid rent, or a disputed termination - the landlord who has documentation almost always does better than the one who does not. The Tribunal can only work with what is in front of it.