Tenancy
RTA Residential Tenancy Agreement www.tenancy.govt.nz PAGE
Landlords must include a statement in the tenancy agreement,
which confirms:
› that on and aer the commencement of the tenancy, the
landlord will comply with the healthy homes standards as
required by section 45(1)(bb) of the Residential Tenancies
Act, or
› that the landlord already complies with the healthy homes
standards as required by section 45(1)(bb) of the
Residential Tenancies Act.
This statement can be combined with the healthy homes
standards compliance statement included in this agreement,
with one signature.
15. Notice to terminate tenancy*
Fixed-term tenancies
Fixed-term tenancy agreements that are entered into
from 11February 2021 and are for longer than 90 days,
will automatically convert to a periodic tenancy at the
end of the fixed-term unless:
› the landlord gives wrien notice using one of the reasons
listed in the Residential Tenancies Act for terminating a
periodic tenancy with the same required notice period
(seebelow) to end the tenancy on the fixed term expiry; or
› the tenant gives wrien notice (no reason is required)
atleast 28 days before the end of the tenancy, of their
intention to not continue with the tenancy; or
› before the expiry, both landlord and tenant agree to
extend, renew, or end the fixed-term tenancy.
Periodic tenancies
Tenants terminating a periodic tenancy must give at least
28days’ written notice. Tenants may end the tenancy for
anyreason, and do not need to give a reason to the landlord.
Landlords are no longer able to terminate a periodic tenancy
without cause (without a reason) by providing 90 days’
written notice.
The landlord may give 63 days’ notice in writing – and must
state the reason for termination if:
› the premises are required as the principal place of
residence for the owner or any member of that owner’s
family, and is to be lived in within 90 days aer the
termination date, for at least 90 days; or
› the landlord customarily uses the premises for occupation
by employees or contractors and the premises are needed
for that purpose (and this is stated in the tenancy
agreement).
The landlord may give 90 days’ notice in writing – and must
state the reason for termination if:
› the owner intends to put the premises on the market
within 90 days aer the termination date
› the property has been sold with a requirement by the
owner for vacant possession
› the landlord is not the owner of the property, and the
landlord’s interest is due to end
› the premises need to be vacant to facilitate the use of
nearby land for a business activity (and this is stated
inthetenancy agreement)
› the landlord wants to change the use of the premises
toacommercial use for at least 90 days
› the landlord intends to carry out extensive alterations,
refurbishment, repairs, or redevelopment at the property
within 90 days of the termination date (or material steps
taken) and it would not be reasonably practicable for the
tenant to live there during that process
› the premises are to be demolished within 90 days of the
termination date (or material steps taken).
*This is not an exhaustive list of ways a tenancy may be
terminated.
The tenant can terminate the tenancy with two days’ notice if
the property was an unlawful residential premises at the start
of the tenancy and it is still an unlawful residential premises.
This applies to both fixed term and periodic tenancies.
Family Violence
A tenant who is subjected to family violence during a tenancy
can withdraw from their tenancy by giving at least two days’
notice (with qualifying evidence of family violence) without
financial penalty or the need for agreement from the landlord.
Physical Assault
The landlord can give notice of at least 14 days to terminate
atenancy if the tenant has assaulted the landlord, the owner,
a member of the landlord or owner’s family, or the landlord’s
agent, and evidence is provided that a charge has been filed
byPolice against the tenant in respect of the assault.
16. Termination by Tribunal
The landlord may apply to the Tenancy Tribunal for a
termination order where:
› the rent is 21 days in arrears
› the tenant has caused or threatened to cause substantial
damage to the premises
› the tenant has assaulted, or threatened to assault,
the landlord, a member of the landlord’s family,
or a neighbour
› the tenant has failed to comply with a 14 days’ notice
to remedy a breach
› the premises are unlawful residential premises.
The landlord may apply to the Tenancy Tribunal for a
termination order of a periodic tenancy if:
› the landlord has given the tenant a wrien notices on
three separate occasions for anti-social behaviour within
any 90-day period; or
› the landlord has given the tenant a wrien notice on three
separate occasions when the tenant has missed their rent
payment and this has remained unpaid for at least five
working days within a 90-day period.
The landlord must apply to the Tenancy Tribunal within 28 days
of issuing the third notice. More information is available at
www.tenancy.govt.nz
A tenant may apply to the Tenancy Tribunal for a work order,
compensation or to terminate the tenancy, if the landlord has
breached the tenancy agreement or the Residential Tenancies
Act, or if the property is an unlawful residential premises.
17. Mitigation of loss
If one party to the tenancy agreement breaches it, the other
party must take all reasonable steps to limit the damage or
loss arising from the breach.
18. Unit Title Property
The landlord must notify the tenant of any variations to body
corporate rules affecting the premises.