Ending a build-to-rent 10 year tenancy

A build-to-rent tenant who accepts a 10-year tenancy can give written notice of 56 days to terminate a tenancy.

Notice to end a build-to-rent tenancy [DOCX, 95 KB]

More information on build-to-rent

Ending a service tenancy

A service tenancy normally ends when the tenant’s employment or engagement ends or is transferred. If the employment is not ending, the landlord or tenant will need to give notice to end the tenancy in accordance with periodic tenancies.

Read more about service tenancies

Retaliatory notice

A ‘retaliatory notice’ is where a landlord gives a notice to a tenant to end a tenancy in retaliation for a tenant standing up for their rights or in response to a regulatory authority exercising a statutory power. For example, if they make a complaint about the tenancy.

It is an unlawful act for a landlord to issue a retaliatory notice. The Tenancy Tribunal can award exemplary damages of up to $6,500 if a landlord does this.

If a landlord issues a retaliatory notice the tenant can apply to the Tribunal to have the notice set aside.

Tenants must apply within 12 months of the notice being issued. If they apply within 28 working days of the notice being issued, then they can also request that the notice be set aside. 

When a tenant stays in the property after the tenancy ends

Sometimes a tenant does not move out of the property when the tenancy has ended. There could be different reasons for this. The landlord should try to contact the tenant to find out why they have not moved out.

Sometimes landlords and tenants agree to extend the tenancy if the tenant’s having difficulty moving out in time. The landlord doesn’t have to agree to this though. If the tenant remains in the tenancy without the agreement of the landlord it is an unlawful act.

If a tenant refuses to move out after the tenancy has ended, the landlord can apply to the Tenancy Tribunal for help. The Tribunal can give an order that returns possession of the premises to the landlord. If the landlord suffers financially as a result of the tenant refusing to move out, the Tribunal can also order the tenant to pay them compensation.

How to apply to the Tenancy Tribunal

If the tenant stays at the property for more than 90 days after the tenancy ends without the landlord obtaining a possession order from the Tribunal, or more than 90 days after getting a possession order, it will mean that the landlord has given them a new periodic tenancy. This means that the landlord needs to give the tenant a new notice to end the tenancy if they still want them to move out.

Death of a tenant

If there is only 1tenant named on a tenancy agreement and they die, the tenancy ends on one of the following dates (whichever is earliest). This also applies to fixed-term tenancies:

• 21 days after the tenant’s personal representative or next of kin gives the landlord written notice of the tenant's death
• 21 days after the landlord gives the tenant’s personal representative or next of kin written notice to leave the premises
• a date agreed in writing by the landlord with the tenant’s personal representative or next of kin
• a date given by the Tenancy Tribunal on an application made by the landlord (this can be made without notice).

Service tenancy

If a tenant of a service tenancy dies and leaves a dependent living in the premises, the landlord must give at least 14 days' notice to end the tenancy. The landlord can give less notice in the following situations:

• If the landlord's business needs to have a new employee in place in less than 14 days and there is no other accommodation available for that employee during the 14 days. In this case, the landlord can give 5 days' notice.
• If the Armed Forces need to use the property in less than 14 days.

Section 53 (4) to (6) of the Residential Tenancies Act 1986 has more information about ending service tenancies if a tenant dies.

Read Section 53 (5) of the Residential Tenancies Act 1986(external link) — Legislation New Zealand

What to know when a tenancy ends

Withdrawal from a tenancy following family violence

If a tenant, or a tenant’s dependant experiences family violence during a tenancy, the tenant can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord. This applies to both fixed-term and periodic tenancy agreements. Victims of family violence do not need to apply to the Tenancy Tribunal to end their tenancy.

Find out more about withdrawal from a tenancy following family violence

Termination by notice for physical assault by tenant

A landlord can give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.

Find out more about termination by notice for physical assault by tenant