Recently changes were made to the Residential Tenancies Act which have seen some previous rules reinstated. We have summarised these changes below.

Tenancy Terminations (Effective 30 January 2025):

For Periodic Tenancies:

• Landlords can end a periodic tenancy without a specific reason with 90 days’ notice.
• Landlords can end a periodic tenancy with 42 days’ notice if:
  • The owner or a family member needs the property as their main residence for at least 90 days.
  • The property is needed for a landlord’s employee or contractor (must be stated in the tenancy agreement).
  • The property has been sold with vacant possession required under an unconditional sales agreement.
• Tenants can end a periodic tenancy with 21 days’ notice.

Notices issued before 30 January 2025 remain valid; they cannot be replaced by different notice periodsafterward.

For Fixed-Term Tenancies:

• Fixed-term tenancies automatically become periodic unless:
  • A notice to end is given between 90 and 21 days before the term ends (no reason required).
  • Both landlord and tenant agree otherwise, if more than 90 days remain before expiry.
  • For fixed-term tenancies starting on or after 11 February 2021 and expiring on or before 30 April 2025, the old law applies unless renewed or extended.

Fixed-Term Tenancies (Effective 1 May 2025)

The new law applies to fixed-term tenancies expiring on or after 1 May 2025.

• If a fixed-term tenancy expires and the landlord does not want it to become periodic, they:
  • Do not need to give a reason for ending the tenancy.
  • Must provide notice within the effective period (90 to 21 days before expiry).
  • If the effective period is missed, they must give the appropriate notice once the tenancy becomes periodic.
  • Alternatively, the landlord and tenant can mutually agree on a termination date.

If you have any questions around the changes, give us a call, we’re here to help
Ph: 021 085 38220 or 021 085 38224
[email protected] or [email protected]