Tenancy termination rules (Effective 30 January 2025)
As of 30 January 2025, new tenancy laws are in place. All of the key changes you need to know about are listed below, and as always our team is here to help if you need advice navigating these changes.
Periodic tenancies
Landlord termination:
90 days' notice without cause.
42 days' notice if:
The owner or their family intends to occupy the property as their principal residence within 90 days of the tenancy ending and will remain for at least 90 days.
The property is sold with an unconditional agreement requiring vacant possession.
The property is required for occupation by the landlord's employees or contractors, and this is stated in the tenancy agreement.
Tenant termination:
21 days' notice at any time.
Note: Termination notices issued before 30 January 2025 remain valid and cannot be altered. tenancy.govt.nz
Fixed-term tenancies
Automatically convert to periodic tenancies upon expiry unless:
Either party gives notice to end the tenancy between 90 and 21 days before the fixed term ends. No specific reason is required.
Both parties agree to end or renew the tenancy differently. tenancy.govt.nz
Note: For tenancies expiring on or after 1 May 2025, the new rules apply. tenancy.govt.nz
Retaliatory termination protections
Landlords cannot terminate a tenancy in retaliation for tenants exercising their rights (e.g., requesting repairs).
Tenants can apply to the Tenancy Tribunal within 12 months of receiving a retaliatory notice.
If the application is made within 28 working days, the tenant can also request that the notice be cancelled. tenancy.govt.nz
Communication and documentation (Effective 20 March 2025)
Notices and documents can be served electronically (e.g., email, mobile messaging) if the electronic address is provided in the tenancy agreement.
A physical address for service must still be included.
An email address provided as an address for service can be used for up to 2 years after the tenancy ends in Tenancy Tribunal applications. tenancy.govt.nz
Smoking clauses
Tenancy agreements can include clauses banning smoking of tobacco products indoors (excluding outbuildings).
Such clauses are enforceable by the Tenancy Tribunal.
Bans on smoking in other areas must be consistent with tenants' rights, such as the right to quiet enjoyment. tenancy.govt.nz
Upcoming pet-related provisions
Future changes will introduce rules regarding pet consent, pet bonds, and pet liability.
These provisions are expected to come into effect later in 2025, with the exact date to be set by Order in Council. tenancy.govt.nz
For more detailed information and updates, please visit the official Tenancy Services website: tenancy.govt.nz
These legislative changes may seem overwhelming and it is our role to understand the legislation and to be your trusted advisor.
Call 04 384 2141 to discuss the new legislation or market conditions or email enquiries@comprende.co.nz. It always starts with a conversation.
Resources
Tenancy Legistlation Changes
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