Tenancy notice periods

Our Experts Answer:

Under the Residential Tenancies Act, when a landlord serves a lawful notice to terminate a periodic (open-ended) tenancy, the tenant must pay the rent up to and including the last day of that notice. This is regardless of whether the termination notice is for 90 days or 42 days. However, if the tenant wishes to leave before the landlord’s notice has expired, they are required to give the landlord not less than 21 days’ notice in writing to end the tenancy agreement.

Both parties are required to continue to fulfil their responsibilities until the end of the tenancy. A tenancy can be ended earlier by mutual agreement between the landlord and tenant (or tenants) named on the tenancy agreement. A landlord may also waive rent that is due if agreed.

If the period of notice given by either the landlord or tenant is incorrect, they should discuss this matter with each other first to try and reach an agreement to vary the first notice so it is correct. If they are unable to agree, then either party can make an application to the Tenancy Tribunal for a decision on this matter.

For more on the rights and responsibilities of landlords and tenants, including information on resolving disputes and applicable service times when giving a notice to terminate the tenancy, go to www.tenancy.govt.nz.