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Question Details: I have a fixed term tenancy for one year, which will soon come to an end. The landlord has asked me to renew for a further year, or else he will advertise for a new tenant. I want to remain on the property on periodic tenancy, on the understanding that a fixed term tenancy automatically becomes a periodic tenancy upon termination. Do I have to renew for one year as my landlord requests? And if I don't, do I have to vacate the premises at the end of the current term?
Filed under Tenancy | 2467 View(s)
Community Law Wellington & Hutt Valley
What happens at the end of a fixed term tenancy depends on what you agree with your landlord. Your landlord may well be within his rights to terminate the fixed term tenancy if he gave you written notice between 21 and 90 days before the date that the fixed term tenancy expires.
If the notice was given to you within the proper timeframe, this prevents your fixed term tenancy from automatically becoming a periodic tenancy. So if the proper notice was given, you will have to leave on the end date or renew for another year (if another year is all your landlord is offering). Click here to read about this law on Community Law's website: www.communitylaw.org.nz.
You should check whether your tenancy agreement contains a right for you to renew or extend the fixed term tenancy, but that would be unusual.
If you would like to talk to someone about your particular situation, contact your local Community Law Centre or call Building and Housing's tenancy information helpline 0800 TENANCY (0800 83 62 62).
Note: if your landlord did not give you proper notice between 21 and 90 days before the expiry date of the agreement, then your tenancy automatically becomes a periodic tenancy. The rules applicable for terminating a periodic tenancy will then apply (so your landlord must give you 90 days written notice, unless special circumstances apply). Again, more information on terminating a periodic tenancy is available from the sources listed above.
Answered 12 Feb 2013. The IMPORTANT NOTICE below is part of this answer.
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