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Extending fix-term tenancies

Thursday, June 06, 2019

 

This week's question comes from John (paraphrased):  

What notice, if any, is required to extend a fixed-term tenancy?

 

There are a couple of ways to keep a tenancy live, so to speak, at the end of a fixed-term agreement.

Option 1: The tenancy continues as a periodic tenancy at the end of the fixed-term.

Any fixed-term tenancy that is longer than 90-days automatically becomes a periodic tenancy on expiry (s60A of the RTA) unless and the landlord or the tenant gives notice to terminate the tenancy 90 days to 21 days before the end of the fixed-term.

Option 2: The tenancy is renewed or extended as a fixed-term.

If both parties agree to renew or extend the tenancy for a further fixed-term, then the ensuing agreement has to be in writing. If the original fixed-term agreement gives the tenant a right to renew, then the tenant must exercise the right to renew in writing at least 21 days before the end of the fixed-term. There is no requirement on the landlord to renew or extend a fixed-term.

Note that short-fixed-term tenancies (i.e. those fixed-term tenancies that are less than 90 days) are governed by a slightly different set of rules. For more information click here.

 

Do you have any tenancy related questions? Write to us at admin@apia.org.nz or hit us up on our social channels here and here

 

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