Giving 42 days notice

Question from Barry updated on 11th December 2019:

A surplus vicarage has been let to a tenant who has just received a 42 day notice because the church requires it for a vicar arriving soon from UK to take up his position. Although the vicarage is on a seperate address it is an extension of the parish church for temporal, hospitality and pastoral purposes. The vicarage, therefore, is provided essentially for church family matters rather than for commercial purposes. Is the 42 day notice safe?

Our expert Jennifer Sykes responded:

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.  

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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