Fixed term tenancy termination

[CraigD]

We've tenants on a fixed term lease which ends in August, and our intention is to sell the property once finished. To prevent the lease extending into a periodic lease post fixed term, and therefore extending it by three months is it simply a case of notifying the tenants at any stage prior to the fixed term that it will not be rolling on? Thanks

[Keys]

is it simply a case of notifying the tenants at any stage prior to the fixed term that it will not be rolling on? Thanks

Nope.

You need to wait until it is periodic before issuing a termination notice.

[CraigD]

That's what I thought until I saw this in the agreement, and wondered what relevance it had?

[artemis]

Also depends on the start date of the fixed term tenancy, including if it was renewed or extended. More info at the below link, including a decision tool that includes option for notice to terminate if property is to be put on the market.

http://www.tenancy.govt.nz/ending-a-...-a-fixed-term/

[CraigD]

Thanks Artemis! Just what I needed. So I need to give 90 days notice to end on the fixed term date.

[donna]

That’ll save you needing to wait another 3 months.

Quite odd though when you think about it. What’s the point of fixed term - if it’s not unless you give 3 months notice that it’s ending when you said it would at the start of the fixed term?

cheers,

Donna

[artemis]

That’ll save you needing to wait another 3 months.

Quite odd though when you think about it. What’s the point of fixed term - if it’s not unless you give 3 months notice that it’s ending when you said it would at the start of the fixed term?

cheers,

Donna

It is a very obvious consequence of this government faffing around with new tenure rules, resulting in complexities and weird stuff. In addition, don't think they realised, or even cared, that landlords would be doing much more serious risk assessment of applicants.

I mean - decision tools to figure out when notice can be given?

[Keys]

Thanks Artemis! Just what I needed. So I need to give 90 days notice to end on the fixed term date.

Where was this sourced please?

[CraigD]

https://www.tenancy.govt.nz/ending-a...u-have-to-give

[cube]

It is a very obvious consequence of this government faffing around with new tenure rules, resulting in complexities and weird stuff. In addition, don't think they realised, or even cared, that landlords would be doing much more serious risk assessment of applicants.

Agree - the value of a fixed term tenancy is diminished now, IMO, especially to the tenant.

[Keys]

Appreciate that Craig.

https://www.tenancy.govt.nz/ending-a...u-have-to-give

Now the subject of an Official Information Act request asking them where they get the legal authority to put that out for advice to the public.

I refer to section 51:

A landlord may terminate a periodic tenancy by giving at least 63 days’ notice if ...... (my emphasis)

The tenancy needs to be periodic before giving notice. (IMHO)

[donna]

Can the tenant leave at the end of the fixed term ‘without’ giving notice?

cheers

Donna

[artemis]

Appreciate that Craig.
Now the subject of an Official Information Act request asking them where they get the legal authority to put that out for advice to the public.

I refer to section 51:

A landlord may terminate a periodic tenancy by giving at least 63 days’ notice if ...... (my emphasis)

The tenancy needs to be periodic before giving notice. (IMHO)

Any update on the OIA request Keys?

[artemis]

Can the tenant leave at the end of the fixed term ‘without’ giving notice?

cheers

Donna

Don't believe so, though used to be able to I think. The decision tool referred to above is not IMO completely clear.

[Keys]

Any update on the OIA request Keys?

Yip,

Suffice to say I missed this: