Should existing tenants be given a period of time to sign a new tenancy agreement before their tenancy ends?

Question Details: We had a one year tenancy for a flat. We were told we would be offered first choice to stay via text about a month ago. We have heard of people receiving letters before their landlord starts advertising/lets to someone else, and feel that we should have been given a better opportunity to re-sign our lease for another year. What is the law?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Your landlord does not legally have to give you a chance to sign a new tenancy.

Your landlord must give you notice at least 21 days before the end-date of your tenancy to effectively end the tenancy (otherwise your fixed term tenancy becomes a periodic tenancy).

They do not have to tell you they are advertising for new tenants or offer you any opportunity to re-sign.

You can read more about notice requirements and the difference between fixed term and periodic tenancies by clicking here: www.communitylaw.org.nz or here: www.dbh.govt.nz

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