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  1. #1

    Default Landord wants fixed term, tenant wants periodic - what can happen?

    We are approaching a stalemate where the landlord prefers a fixed-term extension to the current fixed-term lease but the tenant would prefer periodic.

    A couple of questions:
    1. The guideline suggests that either party can advise that the tenancy will end on the expiration date up to 21 days before. Is that correct for both sides?
    2. The guideline is clear that the tenancy becomes periodic if no agreement is reached by the expiry. What happens in the 21 days in between? Is it effectively periodic from that point? I.e. 90 days notice for the landlord, 21 days for the tenant?

  2. #2
    Join Date
    Mar 2014
    Location
    Auckland
    Posts
    75

    Default

    Hi Stevell,

    Q1: A: The tenant can provide minimum written notice to the landlord at such period that the fixed term will not be renew, but the landlords obligations are more time than that. So no, that is not correct.
    Q2: A: NO The fixed term is still a fixed term until the end of its period, i.e. Nothing changes to the fixed term period regardless of "notice not to renew fixed term".
    if written notice is provided by either party in the correct time frames then the contract will end and vacant possession is required at the end of the period.
    If written notice has not been provided by either party in the required timeframe then YES: it does become a periodic tenancy at the end of the fixed term.

    This forum is full of knowledgeable parties, but Tenancy services is also an excellent source of information to clarify any and all questions you may have:
    0800836262 (0800tenancy)
    Written by one of the team at http://www.chasepropertymanagement.co.nz/

  3. #3
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,774

    Default

    Quote Originally Posted by teamchase View Post
    Q1: A: The tenant can provide minimum written notice to the landlord at such period that the fixed term will not be renew, but the landlords obligations are more time than that. So no, that is not correct.
    Landlords and tenants rights are equal in this instance.

  4. #4
    Join Date
    Mar 2010
    Location
    Lower Hutt
    Posts
    388

    Default

    Hi Stevell,

    1. Correct, as long as its no less than 21 days or no greater than 90 days

    2. Correct, it reverts to periodic. Its fixed up until the end date, so once it goes periodic then you need to give 90 day notice should you want possession and the tenants can give 21 days.
    Fraser Wilkinson
    www.managemyrental.co.nz
    Wellington / Lower Hutt / Upper Hutt / Porirua


 

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