If your tenancy agreement was signed before 11 February 2021 and the tenancy agreement was longer than 90 days, the fixed-term will automatically roll into a periodic tenancy once it expires. However, the landlord or tenant can choose to refix or end the tenancy instead by giving notice 90-21 days before the tenancy ends.
If your tenancy agreement was signed after 11 February 2021, the rules will fall under the new legislation. This means that fixed-term tenancies will automatically become periodic tenancies at the end of their term. The few exceptions to this change include:
Unless your landlord refers to one of the reasons above, the choice is yours as to whether you’d like to continue tenanting the property or not. If you, as the tenant, do not want your fixed-term tenancy to roll into a periodic tenancy, you need to give 28 days’ notice before the fixed-term expires.
You can also find more detailed information about the expiry of fixed-term tenancies on the Tenancy Services website.
If your tenancy agreement was signed after 11 February 2021, your landlord will only be able to end this for specific reasons, as outlined in the Residential Tenancies Amendment Act. These reasons include:
For more serious situations involving antisocial behaviour from tenants, tenancy agreements can also be terminated at the order of the Tenancy Tribunal. However, this requires a specific process to be followed with clear evidence of antisocial behaviour. If you have any concerns or questions about this process, we recommend reaching out to Tenancy Services directly.
Planning on moving at the end of your fixed-term tenancy? If so, it’s important to understand the notice period requirements. The notice period required from your landlord will alter slightly depending on when the tenancy agreement was initially signed. If your agreement was signed before 11 February 2021, you simply need to give 90-21 days notice before the fixed-term ends. If it was signed after the 11th, you need to give at least 28 days notice before the fixed-term tenancy agreement expires.
When serving notice, you can do this in person by giving the written notice directly to your landlord. Alternatively, you can send them notice to their address for service, PO Box, email address or fax number listed on the tenancy agreement. The method you choose does impact the date the notice is deemed to have been received and does need to be specified on the tenancy agreement so make sure to check this and ask for written confirmation that your landlord has received the notice.
Are you familiar with the Healthy Homes Standards? These are a set of minimum standards that rental properties are required to comply with in an effort to ensure all New Zealanders have access to healthy, safe and warm homes. The Healthy Homes rollout is well and truly in motion with Tenancy Services stating that “all private rentals must comply within 90 days of any new or renewed tenancy from 1 July 2021”. This means that a Periodic Tenancy commencing on or after 1 July 2021 must include the Healthy Homes 'intent to comply' statement (required from 1 July 2019) and have a statement of compliance (and must be compliant within 90 days).
If you’re currently renting a property through Quinovic and have questions about the expiry of your fixed-term tenancy agreement, simply get in touch with your property manager today. For all other queries around tenancies, the Healthy Homes Standards and notice periods, the Tenancy Services website is a fantastic resource that is filled with useful information for both tenants and landlords. Tenancy Services also has a great service centre to answer any questions you have about your personal rental situation.
