Giving notice

Any notice to end a tenancy must:

• be in writing
• give the address of the tenancy
• give the date when the tenancy is to end
• be signed by the person giving the notice

Notice can be served by fax, mail, or by one party giving the notice to the other party (either in person or by placing it in the letterbox).

Mailed notices should be sent to the address for service (listed in the tenancy agreement).  A landlord may send the notice to a tenant at the tenancy address provided the tenant is still living there.

If the notice is posted, an extra four working days should be allowed for receipt of the notice.  If the notice is left in the recipient’s letterbox, an extra two working days should be allowed.

Notice to terminate a tenancy can be given on any day of any week to end on any day of any week regardless of when rent is normally paid, or the period that it usually covers.

Notice for a periodic tenancy

In general, a tenant must give a landlord at least 3 weeks’ (21 days’) written notice when they want to end the tenancy. A landlord may allow a tenant to give shorter notice. This should be stated in writing.

A landlord must generally give a tenant at least 3 months’ (90 days’) written notice to end the tenancy. However, if the property is needed for the landlord’s family members, or there is an agreement to sell and the buyer wants the property empty, then the notice period is 42 days.

If a landlord regularly uses, or has purchased, the property for their employees to live in, 42 days’ notice applies.  However, the tenancy agreement must clearly state that the property is generally used for this purpose.

If 42 days’ notice is given, the landlord should inform the tenant why the notice is not 90 days. (Find out more about tenancies where the landlord changes.)

If a landlord gives a tenant notice to end the tenancy, then the tenant is entitled to continue possession of the property until the termination date. However, if the tenant chooses to move out sooner than that date, then they must still give 21 days’ written notice to the landlord. Sometimes a landlord will not mind the tenant leaving earlier but this must be agreed between them in writing.

Notice for a fixed-term tenancy

A fixed-term tenancy does not require further notice in writing, because the end-date is in the tenancy agreement. However, it is always a good idea for the landlord and tenant to check with each other again nearer the time about what is intended to happen at the end of the fixed term.

A fixed-term tenancy cannot be ended before the term is complete without the agreement of both parties, or a Tenancy Tribunal order.

Retaliatory notice

If a tenant is given notice to quit because they have approached the landlord or the Department of Building and Housing about a problem, they may make an application to the Tenancy Tribunal to ask for an order to say the notice will have no effect. If the Tribunal agrees the notice to quit was given because the tenant used or asked for their rights under the law (ie, that the notice was retaliatory), then the Tribunal will make an order saying that the notice has no effect.