Tenancy+Notice

As a landlord, how many days notice am I required by law, to give to the tenants of my property?

To give notice to either a landlord or tenant, the notice must be written and sent to the desired recipient by forms of either; fax, post, email, physically giving the person(s) concerned the notice by either, posting it in their letterbox or attaching it to the door of the property. Or handing the notice in to them in person. The notice then commences from their reciept of the notice. There are different waiting periods for each method however. Depending on the terms on the tenancy agreement as to whether the terms are fixed or periodic tenancy.
 * Via post, notice commences on the fourth working day after being posted.
 * Via E-mail, notice commences once the message is in the desired recipient(s) system, which is generally immediately.
 * Via fax, notice commences immediately if sent prior to 5pm, if after 5pm then the notice commences from the next workday.

The notice of periodic tenancy; The amount of time once written notice has been given by a landlord before the property is to be vacated is 90days (3 months). This is unless the landlord intends to use the property for His/Herself or family or has an agreement to sell the property and requires the premise be vacated. Then the written notice can be 42 days. Also, if stipulated within the tenancy agreement signed by both landlord and tenant, the landlord specified that He/She often used the property to house employees of the landlord. Then also the landlord is entitled to give 42days written notice. It should also be noted that within the notice the landlord must state the reason(s) for abrupt tenancy termination.

The notice of fixed-term tenancy; A fixed-term tenancy will not be able to be terminated prior to agreed date, unless it is agreed upon by both parties. (landlord and tenant) Or ordered upon by the Tenancy Tribunal. After the fixed-term tenancy ends, the tenancy is then considered a periodic tenancy and can be ended in the same manner as a periodic tenancy. If either party express interest to renew the tenancy they must provide written notice within 21 days of the end of the tenancy.

More information can be found at: www.dbh.govt.nz/tenancy-notice