Notices & Eviction

There is often confusion about the difference between being given notice and being evicted. Being evicted is when the tenancy is ended because of a breach by the tenant/s serious enough to warrant the Tenancy Tribunal ordering that the contract will end.

 

Termination by the Tenancy Tribunal

The Tenancy Tribunal can be asked to end a tenancy if

  • the rent is more than 21 days in arrears, or
  • the tenant has caused or threatened to cause substantial damage to the house, or
  • the tenant has assaulted, or threatened to assault, the landlord, the landlord's agent or a member of the landlord's family, or
  • the landlord or tenant has not acted upon a 14 day notice to remedy.

A landlord cannot personally evict the tenant/s, they must apply to the Tenancy Tribunal for a Mediated Order or an Order of the Tribunal. If you have a Mediated Order about rent arrears, it might have a clause in the agreement that says the tenancy will end if you miss any repayments.

 

Giving Notice

In a periodic tenancy:

the landlord must give 90 days written notice.

42 days written notice can be given when

  • the landlord has sold the house and the buyer wants the house empty, or
  • the house is needed for a member of the landlord's family, or
  • the premises are needed for an employee of the landlord (providing this has been agreed at the start of the tenancy)

the tenant must give the landlord 21 days written notice.

Tenants, remember that if the landlord gives you notice and you want to move out before it expires, don’t forget to give at least 21 days notice in writing.

In a fixed term tenancy:

The tenancy ends on the day stated in the contract.

A fixed term tenancy should always record the day the contract ends, and this is the last day of the tenancy unless it has been agreed in writing that the contract will be renewed.

You should decide if you are going to renew your fixed term or not well before it expires. This way you will have time to decide if you agree with any new conditions (like a rent increase) and the landlord is clear about if you are moving out or not.

Any notice in writing must

  • be in writing,
  • give the address of the tenancy,
  • give the date when the tenant is to leave by, and be signed by the person giving the notice.

Contact Details

Tenants Protection Association (ChCh) Inc
Te Tōpū Tiaki-ā-Kainoho
 

Room 3, 301 Tuam Street, Christchurch 8011


Ph.(03)379-2297