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KnowYourRightsHub
Residential Tenancies Act

Tenancy Rights NZ

Significant changes to the **Residential Tenancies Act (RTA)** take effect in 2025/2026. Understanding your notice periods is essential to security of tenure.

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Periodic Tenancy

90 Days Notice (Landlord)

Landlords can end a periodic tenancy with 90 days' notice without needing to provide a reason (effective 2025/2026 update).

42 Days Notice (Special Reasons)

Available if the owner or family needs to move in, or if the property has been sold with vacant possession.

Tenant's Notice: 21 Days

A tenant must give at least 21 days' written notice to end a periodic tenancy.

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Fixed-Term

Conversion to Periodic

Fixed-term tenancies automatically become periodic when they end, unless notice is given by either party.

Ending at Expiry

Notice must be given between 90 and 21 days before the end date if either party wishes to end the tenancy at expiry.

Early Termination

Fixed terms generally cannot be ended early unless by mutual agreement or through the Tenancy Tribunal for hardship.

The Eviction Process in NZ

In New Zealand, a landlord **cannot** just change the locks and throw your belongings out. This is an illegal "self-help" eviction.

Notice Requirements

All termination notices must be in writing. If the landlord is using a 42-day notice, the reason must be legally valid (e.g., family move-in). Misusing these reasons can lead to a Tenancy Tribunal claim for exemplary damages up to $6,500.

The Tenancy Tribunal

If a tenant refuses to leave after the notice period expires, the landlord must apply to the **Tenancy Tribunal** for a Possession Order. Only once the Tribunal grants this order can an **Enforcement Officer (Bailiff)** physically remove the tenant.

Rent Arrears (S. 55)

If rent is 21 days or more in arrears, the landlord can apply directly to the Tribunal for termination. However, if the tenant pays the arrears before the hearing, the Tribunal may choose not to terminate.