“How many days notice do I need to give my tenants?”
This is a question we get often here Home and Co Property Management, Wanaka. The answer as always, depends. What type of tenancy are your tenants on, a fixed or a periodic tenancy? Knowing this will make the notice periods easy to know.

Fixed Tenancy Notice Periods
With a fixed term tenancy, (a tenancy with a fixed end date) owners can give notice to not renew the current tenancy between 90 and 21 days before the fixed end date.
Whilst 21 days is allowed, the best advice is to give your tenants plenty of notice to allow them to find another home. Regardless of the reason for owners ending a tenancy, these notice periods need to be followed.

*If no notice given by the owners to vacate and a fixed tenancy is not renewed, then the tenancy becomes a periodic tenancy the day after the fixed term tenancy ends.

Periodic Tenancy Notice Periods
With periodic tenancies (tenancies with no fixed end date) the notice periods do vary.

There are 3 broad scenarios where 42 Days Notice can be given.
1. If the landlord needs to move themselves, or a family member into the home within 90 days of the tenancy ending, and they will remain at the home for at least 90 days.
2. The home is needed for the landlord’s employee or contractor. The property’s usual purpose will need to have been to house employees or obtained for this purpose.
3. When a home has been sold, and a clause of the unconditional sale is vacant possession.

If the owner would like to end a periodic tenancy, with no given reason for ending the tenancy, then the owner must give 90 days notice.

With periodic tenancies, tenants can give 21 days written notice to end the tenancy.

Serving Notice
Serving notice by tenants or owners is important, usually sent via email, sending notice to end a tenancy before 5pm, will count as being served ‘notified’ on that day. Sending an email after 5pm, notice will only count as being served on the next business day. Using other methods will delay the date the given notice is counted as being served.