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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

50: Circumstances in which tenancies are terminated

You could also call this:

“This explains the different ways a rental agreement can end, like when the lease runs out or someone moves out.”

When you rent a place to live in New Zealand, your tenancy can only end in specific ways. Here’s how it can happen:

If you have a fixed-term tenancy, it usually ends when the term is over. But sometimes, you or your landlord can end it early by giving notice as described in other parts of the law.

If you’re the only tenant and you die, the tenancy ends according to special rules.

You can end a fixed-term or periodic tenancy by giving a notice of withdrawal in some situations.

For periodic tenancies, you or your landlord can end it by giving notice as described in other parts of the law.

If you’re in a boarding house, there are special rules for ending your tenancy.

Your tenancy ends if you become the owner of the place you’re renting.

You can end your tenancy by agreeing with your landlord and moving out.

Sometimes, a person with legal power can end your tenancy by disclaiming it.

The Tenancy Tribunal can order your tenancy to end.

Remember, these ways of ending a tenancy don’t stop other ways from also applying. There might be more than one way to end a tenancy in some situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95513.

Topics:
Housing and property > Renting
Crime and justice > Courts and legal help
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“Premises means buildings and other places, including facilities”

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50A: Termination following death of sole tenant, or

“When a person living alone in a rented home dies, the rental agreement ends within 21 days or on a date agreed by everyone involved.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

50Circumstances in which tenancies are terminated

  1. Subject in the case of a subtenancy to section 57, no tenancy to which this Act applies shall terminate or be terminated otherwise than as follows:

  2. in the case of a fixed-term tenancy, on the expiry of the term of the tenancy or, if any of sections 55AA, 56A(1), 58(1)(d), (da), 58A, 59, 59A, or 59B apply, by giving notice in accordance with the applicable section:
    1. on the death of a sole tenant under a tenancy agreement or a sole tenant under a boarding house tenancy agreement, in accordance with section 50A or 66W, as the case requires:
      1. by the sole tenant under a fixed-term tenancy or periodic tenancy giving notice of withdrawal under section 56B:
        1. in the case of a periodic tenancy to which a right of termination under any of sections 51 to 53B, 55AA, 56A(1), 58(1)(c), and 59 to 59B applies, by giving notice in accordance with the applicable section:
          1. in the case of a boarding house tenancy to which a right of termination under any of sections 52 to 53A, 58(1)(c), 59 to 59B, 66U, 66V, and 66X applies, by giving notice in accordance with the applicable section:
            1. where the tenant acquires the landlord's interest in the premises:
              1. where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord's written consent:
                1. by disclaimer, by any person having lawful power to disclaim:
                  1. by order of the Tribunal pursuant to the powers conferred on it by this Act.

                    1. No right of termination to which subsection (1) applies limits any other right of termination that may also apply.

                    Compare
                    • Residential Tenancies Act 1978–1981 s 61(1) (SA)
                    Notes
                    • Section 50(1)(a): replaced, on , by section 31 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 50(1)(a): amended (with effect on 1 October 2021), on , by section 226 of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).
                    • Section 50(1)(a): amended, on , by section 31(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 50(1)(a): amended, on , by section 31 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
                    • Section 50(1)(a): amended, on , by section 9 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
                    • Section 50(1)(ab): inserted, on , by section 31 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                    • Section 50(1)(ac): inserted, on , by section 31(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 50(1)(b): replaced, on , by section 31(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 50(1)(b): amended, on , by section 31(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 50(1)(ba): inserted, on , by section 31(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                    • Section 50(2): inserted, on , by section 31(5) of the Residential Tenancies Amendment Act 2020 (2020 No 59).