Notice Periods – What Tenants Need to Know in New Zealand
Knowing the correct notice periods is one of the most important parts of renting. Whether it’s you giving notice, or your landlord trying to end the tenancy, the Residential Tenancies Act sets strict rules about how much notice must be given and when that notice is valid.
This article breaks down every notice period tenants need to understand.
How Much Notice Must a Tenant Give?
Periodic Tenancy
If you are on a periodic tenancy, you must give:
- 21 days’ written notice
- You do not need to give a reason
- The notice must be clear and in writing (email is acceptable)
Once given, the notice is final — you cannot withdraw it unless the landlord agrees.
Fixed‑Term Tenancy
You cannot give notice during a fixed‑term tenancy unless:
- Both parties agree to end it early, or
- You apply to the Tenancy Tribunal for early termination under specific hardship grounds.
Otherwise, the tenancy ends automatically on the fixed‑term end date.
How Much Notice Must a Landlord Give?
Ending a Periodic Tenancy
A landlord must give:
- 90 days’ written notice for most situations
- 63 days’ written notice only if:
- The landlord or their family is moving in
- The property is being sold with vacant possession
- The property is needed for an employee of the landlord
The notice must clearly state the reason, and that reason must be one of the legally allowed grounds.
Ending a Fixed‑Term Tenancy
A landlord cannot end a fixed‑term tenancy early unless:
- Both parties agree, or
- The Tribunal orders it under hardship grounds.
What Makes a Notice Valid?
A valid notice must:
- Be in writing
- State the correct notice period
- Include the reason (if the landlord is ending the tenancy)
- Be clearly dated
- Be delivered properly (email, post, hand‑delivered, or as agreed in the tenancy)
If any of these are missing, the notice may be invalid.
Common Illegal Notice Situations
A landlord’s notice is likely unlawful if:
- The wrong notice period is used
- No reason is given when one is required
- The reason is not one of the legally allowed grounds
- The notice is retaliatory (e.g., after you raised concerns)
- The landlord tries to end a fixed‑term tenancy early without agreement or Tribunal order
Tenant Email Template: Responding to an Invalid Notice
Copy and Paste this email
Hi [Landlord/Property Manager],
I have received your notice dated [date]. Before I proceed, I would like to confirm a few details to ensure the notice complies with the Residential Tenancies Act.
Could you please confirm:
• The legal ground for ending the tenancy
• The correct notice period being applied
• That the notice meets the requirements of the Act
Once I have this information, I will be able to review the notice properly.
Thank you,
[Your Name]
