Can I amend my tenants contract as the new landlord?

Sanit asks:
(updated on Friday, May 13th 2011)

I have recently bought a property. Initially in the Sale & Purchase I put the tenant's details along with the rent amount. After settlement, can I draw up a new tenancy agreement and increase the rent?

Our Experts Answer:

If the sale and purchase agreement included the tenant details you have agreed to take the existing tenant under their existing tenancy agreement.  If you want to negotiate a new tenancy agreement you are free to do so, and the tenant is equally free NOT to sign a new agreement. 

In this event your rights to terminate the tenancy agreement are the same as if you had always been their landlord:  a fixed term agreement cannot be terminated by one party giving notice, and a periodic tenancy requires 90 days’ notice from the landlord.  

Similarly, a rent increase must conform with the law:  the landlord must give at least 60 days’ notice of an increase, and there must be at least 180 days between rent increases.

Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 22 years.


Select Home Loans 4.29
HSBC Premier 4.39
ICBC 4.39
Heartland Bank - Online 4.40
China Construction Bank Special 4.45
SBS Bank Special 4.55
Kainga Ora 4.57
Co-operative Bank - First Home Special 4.75
TSB Special 4.85
AIA 4.85
Co-operative Bank - Owner Occ 4.85
Select Home Loans 4.86
Heartland Bank - Online 4.90
TSB Special 4.99
ICBC 5.09
HSBC Premier 5.15
SBS Bank Special 5.19
China Construction Bank Special 5.19
AIA 5.35
Co-operative Bank - Owner Occ 5.35
First Credit Union Special 5.45
Unity 5.55
Select Home Loans 5.20
HSBC Premier 5.89
ICBC 5.89
SBS Bank Special 5.95
TSB Special 5.99
BNZ - Classic 6.19
Kiwibank Special 6.29
Resimac 6.33
China Construction Bank Special 6.35
Westpac Special 6.39
Kainga Ora 6.43
Select Home Loans 4.09
Heartland Bank - Online 4.10
Pepper Money 4.49
Liberty 4.84
TSB Special 4.89
Kiwibank Special 5.00
ICBC 5.25
Kainga Ora 5.43
Kiwibank 5.50
China Construction Bank 5.50
Kiwibank - Offset 5.50