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 either 63 or 90 days written notice:

63 days written notice can be given when

• the owner or owner's family member requires the property as their principal place of residence.
• the house is needed for employee or contractor of the landlord.

90 days written notice can be given when

• the property is to be sold.
• extensive alterations or redevelopment are to be carried out.
• the house is to be converted into commercial premise, or demolished.

The Tenant must give the landlord 28 days written notice to end the tenancy.

In a fixed term tenancy:

The tenancy has an end date which states in the contract.

A fixed term tenancy should always record the day which 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 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 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.