Your questions answered: What happens at the end of a fixed term tenancy?

Your questions answered:

  1. What happens at the end of a fixed term tenancy?

A fixed-term tenancy is where the landlord and tenant sign a rental agreement that stipulates an end date.

For instance you could sign a tenancy agreement that runs from 15 January 2018 to 15 January 2019. The most common fixed term is for one year.

Sometimes the tenancy agreement says the tenant has the right to renew the fixed-term tenancy. In this case, if the tenant wants to renew they must tell the landlord in writing. They must do this at least 21 days before the end of the fixed term. The tenancy is then renewed for the same length of time as the original fixed term.

If the agreement does not provide the tenant with a right of renewal, and you are the landlord and you don’t want to continue the tenancy after the fixed term agreement ends , you have to give the tenant notice 90 days before the end of the fixed tenancy agreement. If you are the tenant, you only have to give 21 days notice before the end of the fixed tenancy agreement.

At the end of a fixed term tenancy, if the landlord or tenant hasn’t given notice to end the tenancy, the fixed term tenancy will roll over and become a periodic tenancy. A periodic tenancy is basically one where the landlord can give 90 days notice to terminate the agreement or the tenant can give 21 days notice to end the tenancy.

2. Can you end a fixed term agreement early?

Generally, A landlord or tenant cannot give notice to end a fixed-term tenancy early. They should both be very sure they want a fixed-term before signing the tenancy agreement. However, if both mutually agree to end the fixed term contract, then it is still possible. Alternatively, either the landlord or tenant can apply to the Tenancy Tribunal to request for the fixed term agreement to end before the date on the contract. this will be in exceptional cases such as the tenant has abandoned the property, for example.

back to home (Property Guide 360 .co.nz)