How can a lease be terminated in New Zealand?

A fixed term tenancy, which ends on a specific date, cannot be terminated before the end of the agreement unless the parties agree otherwise. If the parties cannot agree, either party may apply to the Tenancy Tribunal to end the tenancy.

To end a periodic tenancy, the landlord must give the tenant 90 days' written notice, and the tenant must give the landlord at least 21 days' written notice.

If a property is sold when there is a periodic tenancy in place and the new owner requires vacant possession, or if the landlord requires the property for family members or employees, the landlord may give the tenant 42 days' written notice instead of the usual 90 days' notice.

On what grounds can a landlord evict a tenant in New Zealand?

The landlord may apply to the Tenancy Tribunal for a possession order and have the tenant evicted if the tenant is:

(a) more than 21 days behind in the rent;
(b) failing to comply with the terms of the tenancy agreement (if the landlord has given at least 10 working days' notice to put matters right and the tenant has not done so);
(c) substantially damaging the property or threatening to do so;
(d) assaulting the landlord or others, or threatening assault.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.