14-Day Notice to Remedy: Fixing a Tenancy Breach Before the Tribunal (NZ)

Most tenancy problems are breaches that can be put right: rubbish not removed, an unauthorised pet, damage left unrepaired, a clause of the agreement ignored, or rent that has fallen behind. The law expects you to give the tenant a fair chance to fix the problem before you go to the Tribunal. The tool for that is a 14-day notice to remedy.

What a notice to remedy is for

A 14-day notice to remedy is a written notice that:

• says clearly what the breach is,
• says what the tenant has to do to fix it,
• gives them at least 14 days to do so, and
• says that you may apply to the Tribunal if it is not remedied.

If the tenant fixes the breach inside the 14 days, that is the end of it. If they do not, you have a documented breach and a documented chance to remedy, which is exactly what the Tribunal wants to see. Tenancy Services sets out the three standard 14-day notices to remedy on its Breaches of the Residential Tenancies Act page: a tenant to landlord for any breach, a landlord to tenant for rent arrears, and a landlord to tenant for any other breach.

Counting the 14 days

The 14 days are calendar days, not working days. You also have to allow for service time: the notice is not treated as received the instant you send it. If you post it, add the days the law allows for delivery before the 14-day clock starts; if you email it under an agreement that permits electronic notice, allow for the working day it is treated as served. Count the days carefully and conservatively. A notice that is short by a day or two gives the tenant an easy answer at the Tribunal.

Rent arrears: the 14-day notice still applies, plus faster routes

A 14-day notice to remedy does apply to rent arrears. Asking the tenant to clear the arrears within 14 days is a valid and common first step. For unpaid rent, though, the law also gives you faster, arrears-only routes that the general 14-day notice does not:

• You can apply to the Tribunal to end the tenancy once the rent is at least 21 days in arrears. You do not need a 14-day notice to remedy first in that case.
• Under section 55(1)(aa) of the RTA, if you give the tenant three Notices of overdue rent within a 90-day period - each one issued once the rent is at least 5 working days overdue - you can apply to the Tribunal within 28 days of the third notice. A "Notice of overdue rent" is a different document from the 14-day notice to remedy, with its own timing.

So for rent specifically you have a choice: the standard 14-day notice to remedy, or the faster arrears tracks. The arrears process has its own maths and its own forms, and it is worth getting the detail right. The companion guide walks through it step by step: The rent arrears playbook for NZ landlords.

Non-rent breaches where you do not want to end the tenancy

For a breach that is not about rent, you do not always have to give the full 14 days. If you just want the problem fixed and have no intention of ending the tenancy, you can give the tenant a reasonable time to remedy it instead. What is reasonable depends on the breach: a couple of days to remove rubbish, longer for something that takes time to arrange. The 14-day notice is the formal route that preserves your ability to escalate to the Tribunal.

Getting the notice right

A notice that is vague or wrongly served gets thrown out, and you start again. Make sure it:

• is in writing (email is fine if the agreement allows electronic notice),
• identifies the specific breach, not "you are in breach of the agreement",
• states the exact remedy required,
• gives the full 14 calendar days and allows for service time, and
• is kept, with proof of when and how it was sent.

If the breach is not remedied

After the time has run, if the breach is still live, you apply to the Tenancy Tribunal. You bring:

• a copy of the notice to remedy,
• evidence of the breach (photos, inspection reports, the rent ledger for arrears), and
• proof of service.

The Tribunal can order the tenant to fix the breach, pay compensation, or in serious cases end the tenancy. The Apply to the Tenancy Tribunal page sets out the process, and our own landlord's guide to the Tenancy Tribunal covers what a hearing is actually like.

What a notice to remedy is not

• It is not an eviction. It is a chance to fix a problem. Ending a tenancy is a separate step that usually needs a Tribunal order - see ending a tenancy in NZ.
• It does not let you change the locks, remove belongings or cut services. Those are unlawful and expose you to damages.

How RentManager handles this

RentManager keeps the breach, the date you issued the notice and the 14-day deadline against the tenancy, right next to the inspection records and the rent ledger. When a matter reaches the Tribunal, the arrears schedule and the notice history come straight out of the file instead of being rebuilt from memory. You can see the Tribunal evidence bundle come together in the live demo.

Frequently asked questions

What is a 14-day notice to remedy?
A written notice under the RTA telling a tenant what they have breached and giving them at least 14 calendar days to fix it before you can apply to the Tribunal.

Do I use a 14-day notice for unpaid rent?
Yes, a 14-day notice to remedy does apply to rent arrears. For rent you also have faster routes: you can apply to the Tribunal once rent is 21 days in arrears, and there is the three Notices of overdue rent in 90 days route. See the rent arrears playbook for the detail.

What happens if the tenant does not remedy the breach?
You can apply to the Tenancy Tribunal with the notice and your evidence of the breach.

Can I evict a tenant straight after a 14-day notice?
No. Ending a tenancy almost always needs a Tribunal order; the notice to remedy is only the first step. The full list of breach types is on the Breaches of the RTA page, the arrears detail is on the overdue rent page, and the rules sit in the Residential Tenancies Act 1986.