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Question Details: I’m coming to the end of a one-year tenancy agreement (in a week's time). I pay rent in 3 installments a year. Each installment covers four months’ rent. I can't afford it and I'd like to change to paying monthly. But I'm worried that if I ask to pay monthly my landlord will tell me to leave at the end of the fixed term. Can he just tell me to leave at the end of the week? Or does he have to give notice? If he gives me notice, and I stay after the year is finished, am I then liable for the whole of the first installment? Or am I only be liable for rent for the notice period?
Filed under Tenancy | 1592 View(s)
Community Law Wellington & Hutt Valley
Yes, your landlord has to give notice that they want the tenancy to finish at the end of the fixed-term, otherwise the fixed-term tenancy automatically becomes a periodic tenancy at the end of the term.
The notice must be given between 21 days and 90 days before the end of the fixed term. That time is now up, so if neither you nor your landlord have given notice yet to end the tenancy at the end of the fixed term, then you will be on a periodic tenancy at the end of the fixed term.
After the fixed term ends and you are on a periodic tenancy, you must give 21 days’ written notice to leave, unless the landlord agrees in writing to a shorter time. If your landlord gives notice, and you wish to leave before the termination date of that notice, then you must still give 21 days’ written notice. The landlord must give 90 days’ written notice in most cases. However, they can give 42 days’ written notice in some limited circumstances. Read about those circumstances, and more about tenancy law, by clicking here: www.communitylaw.org.nz or here: www.dbh.govt.nz.
Your four-monthly rental is unusual. By law, your landlord can only ask for rent two weeks in advance. You only have to pay rent for the notice period, not the whole four months' rent.
Please consider ringing 0800 TENANCY or visiting your local Community Law Centre for more advice. (And note that this advice is on the basis that this is a residential tenancy you are asking about - if you are renting somewhere you don't live - like an art space for example - completely different law applies!)
Answered 19 Sep 2012. The IMPORTANT NOTICE below is part of this answer.
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