20/01/2025
Some important new laws are due to take effect soon! Please read the details below to stay informed.
If you have any questions or need clarification, don’t hesitate to reach out.
Tenancy terminations
Important:
These provisions take effect on 30 January 2025.
Periodic tenancies
Landlords can terminate a periodic tenancy with ‘no cause’ by providing 90 days' notice.
Landlords can end a periodic tenancy with 42 days’ notice if:
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 will remain living in the home 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 or by contractors. The property must usually be used or obtained for this purpose and this must be stated in the current tenancy agreement.
Tenants can end their periodic tenancy with 21 days’ notice.
Note: If a termination notice was issued prior to the commencement date by either the landlord or tenant, that notice remains valid and cannot be replaced with a different notice period by that party.
For example, if a landlord has already given 63 days’ notice to end the tenancy on or before 29 January 2025, the landlord cannot change the notice period to 42 days on or after 30 January 2025.
Landlords cannot give notice to end a periodic tenancy in retaliation to the tenants exercising one of their rights. Doing so means the notice may be set aside and exemplary damages can be awarded against the landlord. Changes coming into effect on 30 January 2025 clarify that this also applies when Tenancy Services takes action and extends the time frame to 12 months for exemplary damages to be sought.
Fixed term tenancies
It will be easier to have fixed term tenancies end on their expiry date. You still need to take action if you want the tenancy to end.
Fixed-term tenancies automatically become periodic 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.
If a tenancy started on or after 11 February 2021 and expires on or before 30 April 2025, the law before these changes will still apply. For fixed term tenancies that expire on or after 1 May 2025, the new law will apply.
Clarifying the retaliatory termination provision
If a landlord terminates the tenancy due to a tenant exercising their rights, the tenant can apply to the Tenancy Tribunal to have the termination confirmed as retaliatory and declared an unlawful act.
For example, tenant requests maintenance and the landlord issues a termination notice instead of carrying out the maintenance work.
This provision could also apply to any situation where a landlord terminates a tenancy in response to any person or organisation exercising a legal power against them under the Residential Tenancies Act 1986 or any other law.
For example, if the termination notice is given because the Tenancy Services Compliance and Investigations Team has become involved.
Tenants must apply to the Tenancy Tribunal within 12 months of the notice being issued. If they apply within 28 working days of the notice being issued, then they can also request that the notice be cancelled.
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