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GIVING NOTICE OR EVICTING TENANTS IN 2023

By Trish Willis | Member of the Property Institute of New Zealand (IPAC)

When a landlord needs to give notice to end a tenancy in New Zealand or issue an eviction notice, there are rules they need to follow to stay on the right side of the law.

Under updated tenancy laws that commenced in 2020, landlords needing to give an eviction notice now do so via the Department of Justice.

The rules for giving notice, and length of notice period, have also changed (see below).

With changes to claiming expenses and the bright line test introduced in 2021 more landlords are considering exiting the rental market.

Find out more about the bright line rules and claimable expenses introduced in 2021.

How much notice to give your tenants

Updated tenancy laws aimed at giving increased security for tenants around rental tenure came into effect in February 2021.

Landlords are no longer able to end a periodic tenancy without cause. In some cases 90 days’ written notice is required, in others it is 63 days notice. In some circumstances you may need to apply to the Tenancy Tribunal.

New termination grounds will be available to landlords under a periodic tenancy.

All fixed-term tenancy agreements are converting to periodic tenancies at the end of the fixed term unless the parties agree otherwise, the tenant gives a 28-day notice, or the landlord gives notice in accordance with the termination grounds for periodic tenancies.

Other changes to tenancy law include prohibitions on rental bidding, tenants being able to make minor changes to the property, access to broadband, compulsory written tenancy agreements, strengthened enforcement measures and an increase in tribunal awards from $50,000 to $100,000.

Evicting tenants in New Zealand comes under the Justice Department (see below).

Find out about the new tenancy rules here

LANDLORD RIGHTS FOR GIVING NOTICE TO TENANTS

Tenancy Services is a government agency which among other things advises about the process of giving notice so you can make sure you have done things correctly in case you need them later should things go wrong with your tenants.

Tenancy Services also gives advice about ending a periodic tenancy, including the notice period needed if you are selling your property. If you would like advice about this, how best to sell your property, commission fees, property appraisals or want to know where to start, view this independent real estate forum, it should answer many questions.

If you are giving notice to tenants renting your apartment, find out what's involved with selling an apartment first.

SELLING A PORTFOLIO IN DIFFERENT LOCATIONS

If you want to sell your complete portfolio of rental properties, you may need to find real estate agents in different locations. Agent Finder NZ, independent of all real estate companies can do this quickly for you.

Send them a message to find out more - they respond immediately and have been highly commended.

EVICTION NOTICE TO TENANT PROCESS

If you need to evict your tenants due to unpaid rent or another serious matter, you need to apply for a 'Warrant To Evict' to the Ministry of Justice.

There is a specific process to follow, timeframes to meet and an application form to complete which you can download from the ministry's website. It explains also what happens to your application.

If you are not quite ready to evict but would like help resolving a dispute, Tenancy Services has a range of services you can access specific to dispute resolution.

Apply for a Warrant To Evict a tenant here.

The Tenancy Protection Association in Christchurch is a non-government organisation. Although for Christchurch, this site provides tenants with advice, advocacy and education and explains the difference between being given notice and being evicted.

This information helps landlords to better understand tenants’ perspectives so you can use the right approach.

There are often mistakes and misunderstandings around tenancies so here are a few examples of common mistakes and tips to help.

Advice Pack for new landlords

If you're a new landlord or you just want to know more about being a landlord, Tenancy Services provides a Landlord Pack that you can view online, or as downloaded PDF.

Wise Up NZ has tracked down the best resources available - see the Property Investors section. Our research will help you do your due diligence to protect you, your tenants and your property.

Wise Up NZ Awarded Most Reputable Property Advice Hub NZ 2021

Updated February 21, 2023 by Trish Willis | Member of the Property Institute of NZ (IPAC)

Disclaimer: The content of this researched article is general in nature and not intended as a substitute for specific professional or legal advice on any matter and should not be relied upon for that purpose.

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