Notice Periods and the New Fixed-Term Rules
By Dave McCarry | 10 June 2026
How do Wellington landlords end a tenancy legally?
For fixed-term tenancies, landlords must give written notice between 90 and 21 days before the tenancy end date. Miss that window and the tenancy automatically converts to a periodic tenancy, with no shortcut back. These rules came into force on 30 January 2025 under the Residential Tenancies Amendment Act 2024.
One of the most common calls I get from self-managing Wellington landlords starts like this: "My fixed-term tenancy ends in three weeks, so I gave the tenant notice last week. Did I do that right?"
The answer is almost always no. And the consequence is that the tenancy rolls into a periodic agreement, sometimes for months longer than the landlord expected.
The Residential Tenancies Amendment Act 2024 changed how tenancy terminations work in New Zealand, with new rules in force from 30 January 2025. The changes affect both periodic and fixed-term tenancies, and the details matter. Getting this wrong does not just cause delay. It locks you into a legal arrangement you were trying to exit, often at the exact moment you needed the property back for renovations, a sale, or a family member moving in.
Here is exactly how it works.
Ending a Periodic Tenancy
A periodic tenancy is an ongoing arrangement with no set end date. The most significant change from January 2025 is that landlords can end a periodic tenancy on 90 days' written notice, without needing to give any reason. This is sometimes called a no-cause termination, and it was restored under the 2024 amendments after being removed in 2020.
The 90-day notice period is the default. There are situations where a shorter 42-day notice period applies:
- You, or a member of your family, need the property to live in as their main residence within 90 days of the tenancy ending, and plan to stay for at least 90 days.
- The property has been sold under an unconditional sales and purchase agreement that requires vacant possession.
- The property is usually used for your employees or contractors (which must have been clearly stated in the tenancy agreement) and you need it back for that purpose.
In all of these cases, the reason must be genuine. If a tenant applies to the Tenancy Tribunal and demonstrates that the stated reason was false or was given to retaliate against them for exercising a legal right, the notice can be set aside entirely. The Tribunal has the power to award exemplary damages against a landlord who gives notice in bad faith, and those awards can run to several thousand dollars.
One figure worth noting: tenants in a periodic tenancy only need to give 21 days' written notice to end their side of the arrangement. Yes, that is the gap. You need 90 days, they need 21.
When you give notice, it must be in writing. Email is fine, and better than a text message because of the timestamp. Keep a copy and note the date you sent it.
Ending a Fixed-Term Tenancy: The Notice Window You Cannot Miss
This is where most self-managing landlords come unstuck.
Under the rules introduced in January 2025, a fixed-term tenancy no longer simply ends on the agreed date. If neither party takes action, the tenancy automatically converts to a periodic tenancy. To prevent that from happening, you must give written notice within what is called the "effective period": between 90 and 21 days before the tenancy end date.
That is a specific window. Not more than 90 days out, not less than 21 days out. Give notice too early or too late and it is not valid.
To make this concrete: if your fixed-term tenancy ends on 31 August 2026, you need to serve written notice between 2 June 2026 and 10 August 2026. Give it on 1 June and it is too early. Give it on 15 August and it is too late. Either way, the tenancy rolls into a periodic arrangement, and you are then looking at another 90 or 42 days of notice period before you can exit that.
The practical upshot: if you want the property back at the end of a fixed term, you need to be organised well in advance. Set a calendar reminder two to three months before the tenancy end date so you have time to prepare and serve notice correctly while the window is open.
The notice itself needs to be in writing and state that you are giving notice to end the tenancy on the agreed fixed-term end date. Email to the tenant's address on the tenancy agreement is the cleanest option, and keep the sent receipt.
One important exception: short fixed-term tenancies of 90 days or less simply end on the agreed date, with no automatic conversion and no notice window required. These are treated differently under the rules and do not need the 90-21 day process.
If both you and the tenant want to end the tenancy early, you can do that by mutual written consent. Neither party can be forced into an early exit without agreement. If you and a tenant reach an arrangement, document it in writing, signed by both parties.
A Few Other Rules Worth Knowing
Notice cannot be retaliatory. If a tenant has recently requested repairs, raised a compliance concern, or exercised any other right under the Residential Tenancies Act, giving notice shortly afterward can be seen as retaliation. The Tenancy Tribunal takes this seriously, and the timing of a notice relative to a tenant complaint will be scrutinised. If the notice looks suspicious, be prepared to demonstrate clearly that the decision was based on a genuine, independent reason.
If the tenancy ends and a tenant does not vacate, you cannot change the locks or remove their belongings. You will need to apply to the Tenancy Tribunal for a possession order. That process takes time and adds cost. It is another reason that having clear, correctly served notices and well-documented tenancy records matters from the start. We hear this regularly from landlords in Karori, Thorndon, and Te Aro who have managed things informally and find themselves without the paperwork they need when a situation deteriorates.
If you are dealing with this complexity regularly, it may be worth reading When to Stop Self-Managing Your Wellington Rental Property to get a clear sense of where the legal and administrative load starts to outweigh the cost of professional management.
And if you are weighing up whether to re-let or sell at the end of a tenancy, Wellington's rental market has shifted covers where vacancy and rents are sitting right now, and what that means for landlords making that call.
Frequently Asked Questions
Can I end a Wellington tenancy without giving a reason?
Yes, for periodic tenancies. From 30 January 2025, landlords can give 90 days' written notice to end a periodic tenancy without providing any reason. This is called a no-cause termination. You cannot do this during a fixed-term tenancy: you must wait until the tenancy is periodic, or follow the fixed-term notice process at the end of the agreed term.
What happens if I miss the notice window on a fixed-term tenancy?
If you do not give written notice between 90 and 21 days before the fixed-term end date, the tenancy automatically converts to a periodic tenancy. You then need to give 90 or 42 days' notice to end the periodic tenancy, depending on your reason. There is no shortcut back to the original end date once the window closes.
How much notice does a tenant have to give in Wellington to end a periodic tenancy?
A tenant on a periodic tenancy only needs to give 21 days' written notice to end the tenancy. Landlords, by contrast, need to give 90 days' notice without cause, or 42 days in specific circumstances such as needing the property for a family member or selling it under an unconditional agreement.
Do short fixed-term tenancies automatically convert to periodic?
No. A short fixed-term tenancy is one with a term of 90 days or less. These simply end on the agreed date without converting to a periodic tenancy, and neither party needs to give formal notice within the 90-21 day window. The tenancy ends and the tenant must vacate on the agreed date.
What counts as a retaliatory notice?
A notice is retaliatory if it is given in response to a tenant exercising a legal right, such as requesting repairs, reporting a compliance issue, or applying to the Tenancy Tribunal. If the Tribunal finds a notice to be retaliatory, it can declare the notice of no effect and award exemplary damages against the landlord. If you give notice shortly after a tenant complaint, be prepared to demonstrate clearly that the two were unrelated.
Getting tenancy notice right is not complicated once you know the rules, but it does require planning, especially around fixed-term end dates. The cost of missing a notice window is not just inconvenience: it is an extended tenancy and a full new notice period before you can get the property back.
If you would rather hand this over to someone who handles it every day, including notice periods, final inspections, bond returns, and everything else that comes with managing a well-run tenancy in Wellington, we would be happy to talk. Get in touch with Dave at Propertyscouts Capital City.
About Dave McCarry
Dave McCarry is the owner of Propertyscouts Capital City in Wellington and has worked in property, business, and customer service for many years. Since becoming a property investor in 2009, he has built a strong reputation for practical advice, strong tenant selection, and hands-on property management focused on protecting landlords' investments and maximising returns.