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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

60A: Fixed-term tenancy becomes periodic unless contrary notice given

You could also call this:

“When a long-term rental agreement ends, it keeps going unless someone says they want to stop.”

When you have a fixed-term tenancy that lasts more than 90 days, it will automatically become a periodic tenancy when it ends. This means your tenancy will continue with the same rules as before, but without a set end date.

However, your tenancy won’t become periodic if any of these things happen:

You and your landlord agree to renew or extend your current tenancy agreement before it ends.

You and your landlord agree not to continue the tenancy before it ends.

You give your landlord a written notice at least 28 days before the tenancy ends, saying you don’t want to continue.

Either you or your landlord gives a notice to end the tenancy as mentioned in section 50(1)(a) to (b), which would end the tenancy on or before its expiry date.

If your tenancy does become periodic, but someone had already given a notice to end it (as mentioned in section 50(1)(a) to (b)) that would have ended a fixed-term or periodic tenancy after the continuation date, then your tenancy will end on that later date. This ending will be treated as if it falls under the relevant part of section 50(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280851.

Topics:
Housing and property > Renting
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60AA: Landlord acting to terminate tenancy without grounds, or

“A landlord can get in trouble for trying to end a renter's stay without a good reason.”

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60B: Tenant must exercise right to renew or extend tenancy not later than 28 days before expiry, or

“If you want to stay in your home longer, you need to tell your landlord in writing at least 28 days before your time there is supposed to end.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

60AFixed-term tenancy becomes periodic unless contrary notice given

  1. On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy.

  2. However, the tenancy does not continue as a periodic tenancy if,—

  3. before the expiry, the parties renew or extend the existing tenancy agreement; or
    1. before the expiry, the parties agree not to continue with the tenancy; or
      1. at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy; or
        1. before the expiry, a party gives notice as mentioned in any of section 50(1)(a) to (b) that terminates the tenancy on or before the expiry or that would do if the tenancy were already periodic.

          1. Subsection (4) applies if—

          2. a tenancy continues as a periodic tenancy under subsection (1); but
            1. before the continuation, a party gave notice as mentioned in any of section 50(1)(a) to (b) that would, if the tenancy had been fixed-term throughout or periodic throughout, terminate the tenancy from a time after the continuation.

              1. The tenancy is terminated with effect from that time (and the termination is to be treated as falling within the relevant paragraph of section 50(1)).

              2. Repealed

              3. Repealed
              Notes
              • Section 60A: inserted, on , by section 42 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
              • Section 60A(2): replaced, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 60A(3): replaced, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 60A(4): replaced, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 60A(5): repealed, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 60A(6): repealed, on , by section 41 of the Residential Tenancies Amendment Act 2020 (2020 No 59).