New Zealand’s rental laws shifted in early 2025, and the notice periods for ending a tenancy changed with them. If you’re a landlord or a tenant, the wrong move here can cost you time and money. Here’s what you actually need to know.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
The Residential Tenancies Amendment Act took effect on 30 January 2025, and it reshaped how both sides can end a lease. Tenants now give 21 days’ notice instead of 28. Landlords can issue a 90-day no-cause notice for periodic tenancies, and the old 63-day and 90-day periods for specific grounds have been cut to 42 days. These aren’t minor tweaks — they change the rhythm of renting in New Zealand.
Whether you’re a landlord looking to understand lease periods or a tenant trying to plan your next move, getting the notice period wrong can leave you in a bind. Let’s walk through what each notice type means, how to serve one properly, and where people slip up.
The central concept here is the notice to vacate — a formal written document that ends a tenancy under the Residential Tenancies Act 1986. It must be in writing, state the property address, specify the exact end date, and be signed by the person giving it. Notices can be given any day of the week, and the tenancy doesn’t have to end on the same day it started or rent is due.
What I tend to notice is that people assume a verbal agreement or a casual text message counts. It doesn’t. The law is specific about format, and a notice that misses any of these elements can be thrown out by the Tenancy Tribunal.
What happens when notice periods are misunderstood
Get the notice period wrong, and the consequences ripple out. A landlord who issues a 90-day no-cause notice within 28 days of a tenant enforcing their rights has issued a retaliatory notice — and that’s unlawful. The tenant can apply to the Tenancy Tribunal within 12 months to have it cancelled, and they can claim damages.
For tenants, the risk is different. If you give less than 21 days’ notice for a periodic tenancy, the landlord doesn’t have to accept it. You could be on the hook for rent until the proper notice period runs, or until the landlord finds a new tenant — whichever comes first. And if you move out without giving proper notice, the landlord can apply to the Tenancy Tribunal for compensation for any financial loss.
The stakes are higher for fixed-term tenancies. If neither party gives notice between 90 and 21 days before the term ends, the tenancy automatically converts to a periodic tenancy. A lot of renters I’ve spoken to assumed their fixed-term lease just ended — and then found themselves locked into a rolling tenancy they didn’t want.
There’s also a timing trap for landlords selling a property. If you issue a 42-day notice for vacant possession, the new owner must require the property by the tenancy end date and intend to move in within 90 days. If those conditions aren’t met, the notice could be invalid. That’s a costly mistake when a sale is on the line.
Common mistakes landlords and tenants make with notices
Using the wrong notice type for the situation
A 90-day no-cause notice can’t be used when the landlord actually has a specific reason — like wanting to move family in. For that, you need the 42-day notice, and you must state the reason. I’ve seen landlords issue a no-cause notice when they had a valid ground, only to have the tenant challenge it and win. The 42-day notice requires the landlord to specify that the property is needed as a main home for 90-plus days, or that it’s sold with vacant possession. Get the type wrong, and the whole notice collapses.
Failing to serve the notice properly
Notices can be served by email, post, text, or instant messaging — but only if that contact method was provided and agreed in the tenancy agreement. Sending a notice to a personal email address that wasn’t listed as an address for service doesn’t count. And here’s a detail that catches people: an email address provided as an address for service remains valid for up to two years after the tenancy ends. So if you’re a landlord, you can still serve a notice to that address even after the tenant has moved out, as long as it’s within that two-year window.
Ignoring the retaliatory notice rules
A notice given within 28 days of a tenant enforcing their rights — like requesting repairs or challenging a rent increase — is presumed retaliatory. The tenant can apply to the Tenancy Tribunal within 12 months to have it declared unlawful. For landlords, this means timing matters. If you’ve had a dispute with a tenant, wait until that 28-day window has passed before issuing a no-cause notice. For tenants, keep records of every communication about repairs or rights — that paper trail is your evidence.
Overlooking the fixed-term conversion trap
Under the new law, reasons are no longer required to end a fixed-term tenancy. But the notice window is strict: 90 to 21 days before the term ends. If you’re a tenant and you give notice at 20 days, the landlord can refuse it. The tenancy converts to periodic, and you’re stuck giving 21 days’ notice from that point. I’d suggest setting a calendar reminder at 85 days before the end of your fixed term — that gives you a comfortable buffer.
→ Scroll right to see all columns
| Notice Type | Who Issues It | Period |
|---|---|---|
| No-cause (periodic tenancy) | Landlord | 90 days |
| Specific grounds (family, sale, employee) | Landlord | 42 days |
| Tenant ending periodic tenancy | Tenant | 21 days |
| Serious issues (assault, damage) | Landlord | 14 days |
| Service tenancy (job ends) | Either | 14 days (or less) |
| Student hostel (no longer enrolled) | Either | 14 days |
| Build-to-rent (10-year tenancy) | Tenant | 56 days |
How to handle a notice to vacate from start to finish
Drafting a valid notice
Every notice must be in writing. That means a physical letter, an email, or even a text message — as long as the contact method was agreed in the tenancy agreement. The notice needs three things: the property address, the exact end date, and the giver’s signature. For electronic notices, a typed name at the bottom of an email counts as a signature. Official templates are available from Tenancy Services for both the 90-day and 42-day notices, and using them removes any guesswork about format.
Serving the notice correctly
You can serve a notice by post, email, text, or instant messaging. If you’re posting it, allow for delivery time — the notice period starts when the tenant receives it, not when you post it. For electronic service, the clock starts when the message is sent, as long as you used the agreed address. If you’re a landlord and the tenant hasn’t provided an electronic address for service, you’ll need to use post or hand delivery. Keep proof of service: a screenshot of the sent email, a delivery receipt for a text, or a photo of the posted letter.
What happens if the tenant stays past the end date
If a tenant refuses to move after the tenancy ends, the landlord should first try to reach an agreement. If that fails, the landlord can apply to the Tenancy Tribunal for a possession order. Here’s the detail that matters: if the tenant stays more than 90 days after the end date without a possession order being granted, the landlord must issue a new notice. You can’t just let it slide and then act on the old notice. The Tribunal can also order the tenant to pay compensation if the landlord suffered financial loss — like lost rent from a new tenant who couldn’t move in.
Special situations that change the rules
Death of a tenant: the tenancy ends 21 days after the personal representative or next of kin notifies the landlord, or 21 days after the landlord notifies them. For service tenancies tied to employment, the tenancy ends when the job ends, and notice periods follow periodic tenancy rules unless the agreement says otherwise. Family violence protections allow a tenant to exit at short notice if a dependent has experienced family violence. And for social housing like Kāinga Ora, the standard notice is usually 90 days, but it can be shorter if the property is unsafe.
For complex situations, it’s worth getting tailored guidance. A service like JustAnswer Landlord-Tenant Law can connect you with a professional who knows the New Zealand rules.
Frequently asked questions about notice to vacate in New Zealand
Can a landlord give a 90-day no-cause notice during a fixed term? ▾
What counts as a retaliatory notice? ▾
Can a tenant give less than 21 days’ notice? ▾
Does a notice to vacate need to be on a specific form? ▾
What happens if a tenant dies and a dependent remains? ▾
Can a tenant challenge a 90-day no-cause notice? ▾
The 2025 changes mean old advice no longer applies
The shift from 28 to 21 days for tenant notice, the return of the 90-day no-cause notice for landlords, and the reduction of specific-ground notices to 42 days all took effect on 30 January 2025. If you’re relying on advice from before that date, it’s likely wrong. The transitional period means that for existing fixed-term tenancies, the changes only apply to tenancies expiring on or after 1 May 2025. Check your tenancy agreement and the date it ends before you act.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Tips for resolving rental deposit refund disputes in New Zealand.
Sources and Further Reading
Understanding landlord notice to vacate lease in New Zealand — A deeper look at the landlord’s perspective on issuing notices under the new rules.
Understand apartment lease automatic renewal in New Zealand — Explains what happens when fixed-term tenancies convert to periodic and how to avoid being caught out.
Lifetimes (2025). Notice to Vacate: What You Need to Know. 🔗
Tenancy Services (2025). Residential Tenancies Act 1986 — Notice Periods. 🔗
Cooper & Co (2025). Residential Tenancies Act Changes for Landlords and Tenants. 🔗
