Residential Tenancies Act Key Changes to Tenancy Terminations from 30 January 2025
Starting 30 January 2025, significant changes to tenancy termination laws in New Zealand will come into effect. These updates aim to provide greater clarity and fairness for both landlords and tenants. Here’s a breakdown of what’s changing:
Periodic Tenancies
For Landlords:
Landlords will have the ability to terminate a periodic tenancy with 90 days' notice without needing to state a specific cause, provided no other notice has already been given. This gives landlords flexibility while maintaining a reasonable notice period for tenants.
Additionally, landlords can end a periodic tenancy with 42 days' notice under specific circumstances:
Owner or Family Occupation: The property is required for the owner’s principal place of residence, or for one of their family members. The owner or family member must occupy the property for at least 90 days.
Sale of Property: If there is an unconditional sale agreement that requires vacant possession.
Employee or Contractor Use: The property is needed for occupation by employees or contractors of the landlord, provided this purpose is explicitly stated in the current tenancy agreement.
For Tenants:
Tenants will retain the right to end their periodic tenancy with 21 days' notice, as long as no prior notice to terminate has already been issued.
Fixed-Term Tenancies
Key changes are also being introduced to fixed-term tenancies:
Automatic Conversion: Fixed-term tenancies will automatically convert to periodic tenancies unless:
Either the landlord or tenant gives notice to end the tenancy between 90 and 21 days before the fixed term ends. No specific reason is required.
The landlord and tenant mutually agree on a different arrangement, provided there are more than 90 days remaining before the tenancy’s expiry.
Important Note: These rules do not apply to fixed-term tenancies that expire before 1 May 2025.
Retaliatory Terminations
The Act also includes amendments to the timeframes for tenants to apply to the Tenancy Tribunal in cases of retaliatory terminations. These changes aim to provide additional protections for tenants who may face unfair treatment after exercising their rights.
What This Means for You
These updates bring a mix of flexibility and structure to the tenancy system. Landlords gain more options to manage their properties effectively, while tenants benefit from clearer rules and stronger protections. Both parties should take note of the timelines and new conditions to ensure compliance and avoid disputes.
For more detailed guidance or to discuss how these changes might affect you, consult a property law expert or refer to official tenancy resources.
Stay informed and plan ahead to navigate these changes with confidence.