Member Advisory

COVID-19 Restrictions on landlords end

Friday 26, 2020 

Restrictions placed on the termination of tenancies ended on 25 June 2020, meaning that from 26 June landlords can give notice to terminate a tenancy under the standard Residential Tenancies Act 1986 provisions. 
The standard notice periods under the Act apply from the day notice is given. Notice periods are outlined below. 

Service tenancies

A service tenancy is where an employer provides accommodation for a worker to live in during their employment, whether rent is paid or not. A service tenancy can be part of the employment or a separate service tenancy agreement.
If the tenant's employment is ending, the landlord must give at least 14 days’ written notice to end the tenancy. This notice can only be given if the tenant's employment has ended or either party has given notice for it to end.

In some situations, a landlord can give less than 14 days’ notice to end the tenancy once employment has ended. This is where:
  • The landlord has reason to believe the tenant will substantially damage the premises if they stay for the full 14 days
  • The landlord’s business needs to have a new employee in place in less than 14 days. There must be no other accommodation available for that employee during the 14 days.

Periodic tenancies

A periodic tenancy is a tenancy that doesn’t have a fixed end date. It continues until either the tenant or landlord gives written notice to end it.

Generally, a landlord must give the tenant at least 90 days’ written notice to end the tenancy. Landlords can give 42 days’ written notice in the following circumstances:
  • The property has been sold and the new buyer doesn’t want tenants,
  • The owner of the house or a member of their family wants to live there,
  • The property is normally used as employee accommodation and is needed again for that purpose (this should be stated in the agreement).

David Cooper
Principal Policy Advisor
Federated Farmers 
021 197 5608