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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

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

You could also call this:

“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.”

If you want to stay in your rented home for longer, you need to tell your landlord in writing. You must do this at least 28 days before your tenancy is supposed to end. This is how you use your right to renew or extend your tenancy.

If you forget to tell your landlord in time, you can ask the Tenancy Tribunal for help. The Tribunal might let you stay longer if leaving would cause you more problems than it would cause your landlord.

If the Tribunal lets you stay, they might also tell you to pay your landlord some money. This would be to make up for any problems your late notice caused.

Remember, it’s always best to tell your landlord in writing at least 28 days before your tenancy ends if you want to stay longer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280853.

Topics:
Housing and property > Renting
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60A: Fixed-term tenancy becomes periodic unless contrary notice given, or

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

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60C: Notices and orders continue to apply to renewed or extended tenancies, or

“Rules about rent and other notices keep working when your tenancy is renewed or made longer.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

60BTenant must exercise right to renew or extend tenancy not later than 28 days before expiry

  1. A tenant who wishes to exercise a right under the tenancy agreement to require the landlord to grant the tenant a renewal or an extension of the tenancy must exercise that right by giving the landlord written notice, in accordance with this section, of the tenant’s intention to exercise the right.

  2. The tenant must give notice of the tenant’s intention not later than the 28th day before the date on which the tenancy would otherwise expire.

  3. On an application, made before or after the expiry of the tenancy, by a tenant who has failed to comply with subsection (1) or (2) but who wishes to renew or extend the tenancy, the Tribunal may order the renewal or extension of the tenancy.

  4. The Tribunal may make an order under subsection (3) only if satisfied that, without the order, the tenant would suffer greater hardship than the landlord.

  5. If the Tribunal makes an order under subsection (3), the Tribunal may order that the tenant pay the landlord an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the landlord that has resulted from the tenant’s failure to comply with subsection (1) or (2).

Notes
  • Section 60B: inserted, on , by section 42 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
  • Section 60B heading: amended, on , by section 42(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
  • Section 60B(2): amended, on , by section 42(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).