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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

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

You could also call this:

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

When you renew or extend your tenancy, it becomes a new tenancy. This new tenancy follows some rules from your old tenancy.

The rent you pay at the start of your new tenancy is the same as what you paid at the end of your old tenancy. However, this rent might change if there was a legal notice or order given before your new tenancy started that says the rent should change.

Your landlord can only increase your rent if it follows the rules in sections 24 to 28B of this law. These sections explain when and how rent can be increased.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3280854.

Topics:
Housing and property > Renting
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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.”

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61: Abandonment of premises, or

“When a renter leaves their home without telling anyone and doesn't pay the rent, the owner can ask for the rental agreement to end”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

60CNotices and orders continue to apply to renewed or extended tenancies

  1. This section applies to a tenancy (the current tenancy) that results from the renewal or extension of a previous tenancy (the previous tenancy).

  2. The rent payable at the commencement of the current tenancy in respect of that tenancy—

  3. is the rent that is payable under the previous tenancy immediately before the commencement of the current tenancy; and
    1. is subject to any lawful notice or order, given or made before the commencement of the current tenancy, that varies that rent on or after that commencement; and
      1. may be increased only if any of sections 24 to 28B apply.

        Notes
        • Section 60C: inserted, on , by section 42 of the Residential Tenancies Amendment Act 2010 (2010 No 95).