Moving on tardy tenants

Our Experts Answer:

When a lawful notice to end a tenancy has been issued in accordance with the Residential Tenancies Act 1986 (the Act or renting law), tenants must vacate the tenancy by the date specified on the notice. The exception would be if the tenants mutually agree with the landlord to leave earlier, or give their own notice to end the agreement themselves. A tenant commits an unlawful act if they do not vacate the tenancy upon termination and may be liable for exemplary damages up to $1,000, and may be ordered to pay compensation if the landlord seeks these orders as part of a Tenancy Tribunal application. Tenants also have an obligation to ensure their rent is paid as and when it is due up until the final day of the tenancy. For a periodic (open-ended) tenancy where a tenant is at least 21 days’ in arrears, or if they have not remedied the rent arrears after being given a 14 day notice to remedy, a landlord can file an application to the Tenancy Tribunal seeking to end the tenancy and get possession of the property, as well as an order for any outstanding rent arrears. You will need to seek independent advice, such as from a lawyer or real estate agent, about the sale and what may happen if the property is not vacant. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Landlord News at www.tenancy.govt.nz/subscribe.