My lease has expired. Do I have to give notice for leaving my flat, and can the landlord take rent money from my bond in place of rent?

It depends on whether the landlord has given you notice that the tenancy will end on the expiry date - but in your circumstances it sounds like you need to give notice.

Under the law, a fixed term tenancy of more than 90 days will automatically continue as a periodic tenancy when the end date comes. This is UNLESS you and your landlord enter into a new agreement, extend the existing one, or either of you give written notice of your intention not to continue with the tenancy. (Read about the notice requirements here: www.communitylaw.org.nz).

It does not sound like you have agreed an extension, or received notice not to continue. On this basis, if you want to leave your flat you will have to give your landlord 21 days' notice to end the tenancy (unless you can agree a shorter notice period).

In terms of using your bond to pay outstanding rent, the landlord has a right to receive rent from you right up to the day you move out. You don't have a right to stop paying rent and rely on the bond to cover it. However, if you are owing rent when you move out, it is likely the landlord will be allowed to take it out of your bond.

At the conclusion of the tenancy, either you or your landlord can apply to have the bond refunded. Your landlord can only take money out of the bond to cover rent arrears with your agreement. If you both agree, then you both can sign a bond refund form setting out the details for payment. Your landlord can apply to have the bond refunded without your agreement. In these circumstances you will have 10 working days to object. If you cannot agree, an application to the Tenancy Tribunal will need to be made.

For further information about ending a tenancy, and the Tenancy Tribunal, please head along to this website: www.communitylaw.org.nz

Answered 28 Jan 2013. The IMPORTANT NOTICE below is part of this answer.