Giving 42 days notice

Our Experts Answer:

A landlord must give at least 90 days' written notice to end a periodic tenancy. Landlords can give less time (at least 42 days’ notice) in some cases in a periodic tenancy. You can’t give notice to end a fixed term tenancy early. Fixed-term tenancies can only be changed if the landlord and all the tenants agree. Any agreement should be in writing and should include what’s been agreed to.

A landlord can give at least 42 days’ written notice to end the tenancy if the property is normally used as employee accommodation and it’s needed for this purpose. The fact that this might happen must be included in the tenancy agreement. This reason must be genuine. If it isn't, the tenant can challenge the notice through the Tenancy Tribunal.

If a landlord gives the tenant notice to end the tenancy and the tenant wants to move out sooner, the tenant must still give the landlord 21 days’ written notice.

For more information on notice periods, go to tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy. You can also subscribe to our e-newsletter Tenancy Matters here.