42 or 90 DAYS NOTICE

[DBrown]

Good Evening all,

Just after a bit of advice re: end of perodic tenancy.

I am looking at ending a perodic tenancy later in the year, I plan to move to the address for a period of time to complete major renovations. Once complete, or soon after I will consider re-renting. My time frame is unclear but I suspect it would be a short term move as the address is 20minutes+ further away from work than where I live now.

Would this criteria qualify for the 42 days notice tenancy end?

What would you do? I am trying to plan this around annual leave and moving out of my current home which also requires planning to minimise wasted time, vacany, paid rent etc etc.

Cheers

[Keys]

All depends upon who is the landlord.

If it is "DBrown" then 42 days plus service time.

If it is "DBrown Limited" then 90 days plus service time.

If it is "DBrown Family Trust" then 90 days plus service time.

[Gladdynook]

Keys is correct, however just talk to the tenants. Problem is that you give them 90 days, and they turn around and give you 3 weeks notice that they are moving out. So in my experience you're better to discuss what you want to do with the tenants and you may agree to a shorter time frame if it suits them.

Are they bad tenants, or would you consider them back at the new increased rate once renovated?

[DBrown]

All depends upon who is the landlord.

If it is "DBrown" then 42 days plus service time.

If it is "DBrown Limited" then 90 days plus service time.

If it is "DBrown Family Trust" then 90 days plus service time.

Thanks for the prompt reply.

"DBROWN" is the owner in this case.

And Gladdynook - as you say - speaking with the tenant is a must - they are fantastic - they keep the house as tidy as your grandparents would have - just don't think they will be able/willing to pay the increased rent - as you say - talk to the tenant.

Thanks again.

[mrsaneperson]

The 42 day ruling is applicable when your original intention is to move a family member in to the rental. If circumstances have changed and you're not able to move in family; as long as the original intention was there when you served notice it is still legitimate.

[jimO]

The 42 day ruling is applicable when your original intention is to move a family member in to the rental. If circumstances have changed and you're not able to move in family; as long as the original intention was there when you served notice it is still legitimate.

dodgy yes...

[mrsaneperson]

In some circumstances perhaps but with the RTA generally stacked against landlords i think this is one ruling that shows more of a balance in the right direction.

[BigDreamer]

The 42 day ruling is applicable when your original intention is to move a family member in to the rental. If circumstances have changed and you're not able to move in family; as long as the original intention was there when you served notice it is still legitimate.

Interesting...

I guess a bonus for landlords since intentions are very hard to prove.

[DBrown]

Appreciated guys, cheers.

[PTILoveYou]

Interesting...

I guess a bonus for landlords since intentions are very hard to prove.

DBrown has posted this online, hence it's evidence now.

90 days plus service time.

[DBrown]

DBrown has posted this online, hence it's evidence now.

90 days plus service time.

Intentions / plans do change though...

[PTILoveYou]

Intentions / plans do change though...

Well, if you do change your plans, please do post it, so the evidence is also updated ;-)

In your case probably doesn't matter, not like IRD is involved.

[DBrown]

Well, if you do change your plans, please do post it, so the evidence is also updated ;-)

In your case probably doesn't matter, not like IRD is involved.

... I'm planning moving into my property - thanks to all who have updated me on how much notice is required.

Boom