Reno notice period

Question from Martin updated on 24th August 2018:

I want to do a reasonably significant renovation of a rental property that will involve quite a bit of disruption. The tenant has proved to be quite difficult over much smaller matters so I would like to terminate the periodic tenancy as the house will be mess for several weeks. It may even be convenient for me to live on site while I do the renovations. Is a 42 notice period adequate in these circumstances?



Our expert Jennifer Sykes responded:

According to the Residential Tenancies Act, a periodic tenancy may be ended within 42 days’ notice because the property has been sold with an unconditional contract and the purchaser requires vacant possession; the owner or a member of the owner’s family is going to live in the property as their principal place of residence; or the property is normally used as employee accommodation and is needed again for that purpose.

For any other reason (which may include temporarily moving into the property to do renovations) landlords are required to give 90 days’ written notice to terminate a periodic tenancy, but they do not need to specify a reason for giving the notice.

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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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