Demolition notice period
Question from LUKE updated on 30th March 2020:
We are looking to demolish a rental property to build a family home. Are we required to give 42- or 90-days’ notice to the tenants?
Our expert Steve Watson responded:
There are different notice periods for different tenancy types. Check your tenancy agreement to know your tenancy type. For a periodic tenancy, a landlord must give at least 90 days’ written notice to end the tenancy. Landlords can give less time (at least 42 days’ notice) if one of the following apply:
• The property has been sold and the new buyer doesn’t want tenants (ie: the buyer wants ‘vacant possession’).
• The owner or a member of the owner’s family is going to live in the property.
• The property is normally used as employee accommodation and it is needed for this purpose. The fact that this might happen must be included in the tenancy agreement.
A 90-day written notice will normally be required where the landlord wants to carry out demolition or construction work. A tenant must give at least 21 days’ written notice to end the tenancy, unless the landlord agrees to a shorter time.
For a fixed-term tenancy, a landlord or tenant cannot give notice to end the tenancy early unless both parties agree in writing to end the tenancy early. In any tenancy, the tenancy will be subject to current renting law through to the end date. Every notice to end a tenancy must be in writing, give the address of the tenancy, the date when the tenancy is to end and be signed by the person giving the notice.
For more information on giving notice to end a tenancy, go to www.tenancy.govt.nz/ending-a-tenancy/. You can also subscribe to our e-newsletter Tenancy Matters here.
The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.