Residential Tenancies Amendment Act 2024

Tenancy terminations

On 30 January 2025 the following changes will come into effect:

No-cause terminations:

Landlords will be able to terminate a periodic tenancy with ‘no cause’ by providing 90 days' notice, if notice has not already been given.

42 days’ notice:

Landlords will be able to end a periodic tenancy with 42 days’ notice for specific grounds:

• the owner requires the premises for their principal place of residence or for one of their family members within 90 days of the tenancy ending and remain for at least 90 days
• there is an unconditional agreement for the sale of the premises that requires vacant possession
• the property is required for occupation by employees or contractors of the landlord. The property must usually be used or obtained for this purpose and it is stated in the current tenancy agreement.

Tenant notice periods:

Tenants will be able to end their periodic tenancy with 21 days’ notice, as long as notice has not already been given.

Fixed term tenancies (does not apply to fixed-term tenancies that expire before 1 May 2025):

Fixed-term tenancies will automatically convert to period tenancies unless:

• a landlord or tenant gives notice to end a fixed-term tenancy between 90 and 21 days before the fixed term ends. No specific reason is required; or
• both tenant and landlord agree on an alternative, such as renewing or extending the tenancy.

Retaliatory notices:

Amending timeframes for tenants to apply to the Tenancy Tribunal for retaliatory terminations.

Currently - Within 28 days of receiving a termination notice, a tenant can apply to the Tenancy Tribunal for an order declaring the notice is retaliatory, an unlawful act, and ‘of no effect’ (cancelled) on the grounds that the landlord gave the termination notice in response to the tenant enforcing their rights.

From 30 January - Up to 12 months after receiving a termination notice, a tenant can apply for an order declaring the notice was retaliatory and an unlawful act on the grounds that that the landlord gave the termination notice in response to the tenant enforcing their rights or in response to legal actions taken against the landlord in respect of the tenancy by another person or body, for example MBIE or a local council.

If the tenant applies within 28 days of receiving the termination notice, they can also request the notice be cancelled.

Examples:

Notice issued prior to 30 January 2025: If a termination notice was issued before 30 January 2025 by either the landlord or tenant, then that notice remains valid and cannot be replaced with a different notice period by that party. For example, if a 63-day termination notice for a landlord to live in the property as their main residence is given on or before 29 January 2025, a 42-day termination notice cannot then be given by the landlord on or after 30 January 2025.

Fixed-terms that expire before 30 April 2025: For fixed-term tenancies that started on or after 11 February 2021 and expire on or before 30 April 2025, the law before these changes will still apply. For example, if a 12-month fixed-term tenancy expires on 14 March 2025 and the landlord does not want this to automatically become a periodic tenancy, they must give a reason for ending the tenancy and provide notice based on the requirements of that reason. In these cases, the new law will apply if the tenancy is renewed, extended or becomes periodic.

Fixed-terms that expire on or after 1 May 2025: For fixed-term tenancies that expire on or after 1 May 2025, the new law will apply. For example, if a fixed-term tenancy expires on 23 May 2025 and the landlord does not want this to automatically become a periodic tenancy, they will not need to give a reason for ending the tenancy but must provide the correct notice. This would either be by providing notice within the effective period or if the effective period is missed, by giving the appropriate notice once the tenancy becomes periodic. Alternatively, the landlord and tenant can agree to end the tenancy on a chosen date.