Ending a periodic tenancy in NZ: notice periods and what the letter must say

Notice periods at a glance (current rules)

If you need to end a periodic tenancy in New Zealand right now, the rules changed in January 2025 — and the version most older articles describe is no longer current. The current minimums are:

• Tenant ending the tenancy (any reason): 21 days' written notice. No reason required.
• Landlord ending without cause: 90 days' written notice. No reason required.
• Landlord — owner or family moving in: 42 days' written notice. The new occupant must move in within 90 days of the end date and stay for at least 90 days as their main residence.
• Landlord — sale with vacant possession: 42 days' written notice. Only valid where there is an unconditional sale agreement requiring vacant possession on settlement.
• Landlord — employee or contractor housing: 42 days' written notice. Only valid where this was specified in the original tenancy agreement.

These are the minimums. The landlord and tenant can always agree in writing to a shorter notice — that just has to be mutual, not unilateral.

The 90-day no-cause notice was removed in 2021 and reinstated in January 2025 as part of the most recent Residential Tenancies Act amendments. That's why a lot of landlord forums still describe a different system. Tenancy Services has the current rules here, and it's worth checking the source before you act.

What every notice must contain

The Residential Tenancies Act sets four basic requirements for a valid notice. If any of these are missing, the notice can be challenged at the Tribunal and a landlord may have to start over.

A valid notice must:

1. Be in writing. A text message can count if it's clear and the recipient acknowledges it, but a printed letter or PDF email attachment is the safe path.
2. State the address of the tenancy. Full street address, including unit number where relevant.
3. State the date the tenancy ends. This must be an actual date, not just "in 90 days". Calculate it from when the notice is received, not when it's sent.
4. Be signed by the person giving the notice. A typed name on an email isn't legally a signature in every case — print and sign, or use a digital signature, to avoid the argument.

If a landlord gives less than 90 days' notice, the notice must also include the reason — and that reason has to be one of the specific allowed grounds (family moving in, sale, employee housing). A 42-day no-cause notice doesn't exist; it's either 90 days or one of the named reasons.

Tenant ending a periodic tenancy

A tenant can end a periodic tenancy at any time with 21 days' written notice, without giving a reason. That's the floor — the landlord can agree in writing to a shorter period if that suits both sides (for example, if a tenant has found a new place and the landlord is happy to release them earlier).

A few practical points that catch tenants out:

• The 21 days run from when the landlord receives the notice, not when it's posted. If you post a letter on a Friday, allow at least one to two business days before the clock starts.
• Rent is owed up to and including the end date. A tenant who moves out on day 10 still owes rent for days 11-21.
• If the landlord has already given 90 days' notice but the tenant wants to leave sooner, the tenant still has to give their own 21 days' notice. The landlord's notice doesn't shorten the tenant's obligation.

Email is the most common delivery method now. Save the sent-date timestamp and any read receipt — that's the cleanest evidence of receipt if there's a later dispute.

Landlord ending a periodic tenancy

A landlord has more options post-January 2025 than they did under the 2021 rules.

90 days, no reason

This is the most common path now. The landlord gives 90 days' written notice with no specific reason required. The notice must still meet the four formal requirements above. The landlord can't do this as retaliation for the tenant exercising a legal right (asking for repairs, lodging a Tribunal claim, complaining to the Council). Retaliatory notices can be cancelled at the Tribunal.

42 days — owner or family moving in

If the landlord, the landlord's owner-spouse, or a parent/child/grandchild/sibling needs to move in as their main residence, 42 days' notice applies — but with conditions:

• The new occupant must move in within 90 days of the tenancy end date.
• They must stay for at least 90 days as their main residence.

If the landlord gives this notice and the family member doesn't actually move in, the tenant can take it to the Tribunal and the landlord can be ordered to pay compensation.

42 days — sale with vacant possession

This applies only when the property is sold under an unconditional sale agreement that requires vacant possession on settlement. A "for sale" sign isn't enough — there has to be a signed unconditional contract with the vacant-possession clause.

If the sale falls through after the 42-day notice has been given but before the tenant has left, the situation gets messy — the tenant may have a claim for wrongful termination. Most landlords wait until a sale is deeply locked in before serving this notice.

42 days — employee or contractor housing

If the tenancy agreement specified the property was for employee or contractor housing, and the employee/contractor relationship has ended, the landlord can give 42 days' notice. This has to be in the original tenancy agreement — a landlord can't add this reason after the fact.

Common mistakes that get notices thrown out

These are the patterns that show up at Tenancy Tribunal again and again.

• Counting from the wrong date. The notice period runs from when it's received, not sent. A landlord who gives "90 days" but only allows 88 days has given an invalid notice.
• Verbal notice only. "I told them last month they had to leave" doesn't count. It must be in writing.
• Missing the end date. Saying "you have 90 days" without naming the actual end date makes the notice ambiguous and challengeable.
• Wrong reason on a 42-day notice. A landlord who gives 42 days for "the property needs renovation" — that's not one of the listed grounds. Either give 90 days no-cause or use one of the four named reasons.
• Retaliatory notice. Giving notice the day after a tenant requested Healthy Homes compliance evidence is a textbook retaliatory notice. Tribunal will cancel it.
• No record of delivery. If the tenant denies receiving the notice and the landlord can't prove it was delivered, the clock hasn't started.

What happens after the notice ends

Once the end date arrives, both sides have specific obligations.

• Tenant returns the keys, leaves the property reasonably clean, and provides a forwarding address for bond return.
• Landlord does a final inspection (within a reasonable time of the move-out), photographs any new damage compared to the entry inspection record, and submits a bond refund or deduction request to Tenancy Services.
• Bond must be lodged with Tenancy Services for return — the landlord can't keep it without either tenant agreement or a Tribunal order.
• Outstanding rent can be deducted from the bond only with tenant agreement or a Tribunal decision.

If the tenant doesn't leave by the end date, the landlord can apply to the Tenancy Tribunal for a possession order. The landlord cannot change the locks or remove the tenant's belongings — that's an illegal eviction and carries penalties of up to $7,200.

How keel handles the notice trail

Keel keeps the full tenancy lifecycle in one place — including notice periods, notice delivery records, and the documents that have to attach to a tenancy agreement (Healthy Homes statement, insulation statement, bond receipt, condition reports). When a notice goes out, the timestamp, delivery confirmation, and counter-signature live with the tenancy record, not in a separate email folder.

If a notice ever ends up at the Tribunal, the evidence is together: when it was sent, what it contained, and what the tenant's response was. That's what the Tribunal asks for, and that's what most self-managing landlords scramble for at the time.

Keel is built for self-managing NZ landlords who want the structure of a property manager without the percentage. From $15 a month for one property, no lock-in.

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Sources:

• Tenancy Services — Ending a periodic tenancy
• Tenancy Services — Giving notice to end a tenancy
• Residential Tenancies Act amendments, January 2025

This guide is general information only, not legal advice. For tenancy disputes or unusual situations, Community Law provides free advice in most NZ regions.