Click here to go BACK

ENDING A TENANCY

Giving the right notice…

For a Periodic Tenancy

In general a tenant must give a landlord at least three 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 three months’ (90 days’) written notice to end the tenancy. However, if the property is needed for the landlord’s family members or employees, or there is an agreement to sell and the buyer wants the property empty, then the notice period is six weeks (42 days). If 42 days’ notice is given the landlord must inform the tenant why the notice is not 90 days.

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 mail to the ‘Address for Service’ (it doesn't have to be sent by registered mail or delivered in person), but four working days must be added to the notice period to allow for mail delivery time.

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 tenants choose 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.

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 Tribunal Order.

Retaliatory Notice

If tenants are given notice to quit because they have approached the landlord or Tenancy Services 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 (i.e. that the notice was retaliatory), then the Tribunal will make an order saying that the notice has no effect.

Refunding the bond

Either the tenant or landlord may apply to have the bond refunded by filling out a Bond Refund form. This form would have been sent with the bond acknowledgement letter and is also available on this website, by phoning 0800 737 666 or from Tenancy Services offices. The form should be signed by both the landlord and the tenant. (Refunds are made by direct credit and bank account numbers must be supplied on the form.)

Both the tenant and landlord should go through the property, using the Property Inspection Report again, and check that nothing is damaged or broken. The tenant is not responsible for normal wear and tear to the property or chattels, but is responsible for any intentional or careless damage. Bond money can also be claimed for money owed, such as rent.

When the Bond Refund form is sent to Tenancy Services the signatures are checked against those held on the Bond Lodgement form. It is important to update the signature held if there is a change to either the landlord or tenant. Without this update, bond refunds will be delayed while checks are made. There are special forms to let Tenancy Services know about any changes to the original tenant(s) or landlord, or to their details - a Change of Tenant form and a Change of Landlord form both available from Tenancy Services in the usual ways.

Full Refund (No Claim) - If the inspection shows everything is in order, the Bond Refund form is to be completed and sent to the Tenancy Services Centre for the refund of the bond money to the tenant.

Part Refund - (Agreed Claim) - If there is some damage or other claim that the tenant agrees to have taken out of the bond, then the Refund form is filled out and signed accordingly. The bond is divided, giving the landlord the cost of the repair or other claim, and the tenant the balance. For instance, if a bond is $400 and both agree the cost of window repairs is $150 then the Bond Refund form would say:

Pay tenant $250.00      Pay landlord $150.00

The Tenancy Services Centre will pay the tenant $250 and the landlord $150 by direct credit to their bank accounts.

Bond money to be refunded can also be transferred to a new tenancy using a Bond Transfer form.

Refund Not Agreed - If the landlord and tenant cannot agree on how the bond should be paid out, then the landlord should make an application to the Tenancy Tribunal for the amount claimed to be deducted from the bond, and a mediator will be assigned to help sort it out. It is important to make this application as soon as possible.

Tenants leaving the property

There are a number of things that tenants must do when they move out. They must:

• move out by the date set out in the termination notice (for a periodic tenancy), or the end date in the Tenancy Agreement (for a fixed term tenancy).
• pay the rent up to the last day of the tenancy.
• leave the house reasonably clean and tidy.
• remove any rubbish or arrange for its removal by the last day of the tenancy.
• return all keys, pass cards or security devices to the landlord.
• leave any chattels belonging to the landlord at the property.

If a tenant doesn’t fulfil any of these obligations, then the landlord is entitled to claim part or all of the bond for any loss that the failure incurs.