As many of you will have experienced, moving house can be very stressful. We are here to make sure the process is easy for you and to put your mind at rest. Here are some questions that are often asked.
How much notice do I need to give to end the tenancy?
The period of notice depends on whether the term of your tenancy is a fixed-term or periodic tenancy. You will find this information in your Tenancy Agreement, or please contact your Property Manager for this information.
Special Note: From 11 February 2021, tenants must give 28 days’ notice. This can be given for any reason, and the tenant does not need to tell the landlord the reason.
Moving out before my fixed-term tenancy expires?
A fixed-term tenancy automatically becomes a periodic tenancy on expiry of the fixed term, unless either party gives notice they do not want that to happen. This notice must be given no sooner than 90 days before the end of the tenancy and no later than 28 days before the end of the tenancy.
If there is a provision in the tenancy agreement for a right to renew, or to extend the tenancy and the tenant wants to take that up, the tenant must write to the landlord advising them at least 28 days before the fixed-term tenancy is due to end.
A fixed-term tenancy cannot be terminated before the term is complete without the agreement of both parties.
Moving out when I have a periodic tenancy
A tenant must give at least 28 days’ written notice to end the tenancy unless the landlord agrees to a shorter time. This agreement should be in writing.
If a landlord gives the tenant written notice to end the tenancy and the tenant wants to move out sooner, the tenant must still give the landlord 28 days’ written notice.
If there are multiple tenants named on the tenancy agreement, and one of the tenants gives the landlord written notice, this ends the tenancy for all the tenants.
The length of written notice a landlord has to give depends on the reason for the periodic tenancy ending.
90 days’ notice.
Landlords can end a periodic tenancy by giving 90days’ notice for one of the following reasons:
- The premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition.
- The owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession.
- The landlord is not the owner of the premises and the landlord’s interest in the premises is due to end.
- The landlord or owner has acquired the premises to facilitate the use of nearby land for a business activity. That fact is clearly stated in the tenancy agreement, and the premises are required to be vacant of residential tenants to facilitate that use.
- The premises are to be converted into commercial premises for at least 90 days by the landlord or owner.
- Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and it would not be reasonably practicable for the tenant to live there while the work is being done. The work must begin, or material steps towards it are to be taken, within 90 days after the termination date.
- The premises are to be demolished and the demolition is to begin, or material steps towards it are to be taken, within 90 days after the termination date.
63 days’ notice.
Landlords can end a periodic tenancy by giving 63days’ notice for one of the following reasons:
- The owner of the premises requires the premises within 90 days after the termination date as the principal place of residence (for at least 90 days) for the owner or a member of the owner’s family.
- The landlord customarily uses the premises, or has acquired the premises, for occupation by employees of the landlord or by contractors under contracts for services with the landlord. That fact is clearly stated in the tenancy agreement, and the premises are required for that use.
- The landlord customarily uses the premises, or has acquired the premises, for occupation by employees of a school board of trustees or by contractors under contracts for services with a school board of trustees. That fact is clearly stated in the tenancy agreement, and the premises are required for that use (this reason only applies if the landlord is the Ministry of Education).
Coming to the end of your fixed-term tenancy and not sure what to do from here?
We will contact you and see if you want to renew your tenancy or if you are ready to move on. If you would like to renew, we then liaise with both you and the property owner to see whether this will work for both parties. If you are moving on we will take care of this and organise the final inspection.
Getting a new flat mate during the term of my tenancy?
You new flat mate will be required to complete an application form and also supply references that meet our approval. We will need to add them to both the tenancy agreement and the bond form. As the departing flat mate will also require their bond back, you will need to arrange this and there is a charge for this transfer. Please contact your property manager before your new flat mate moves in and for any other information you require.
Your final inspection
When you have completely finished moving all your belongings and the property is cleaned and the keys have been handed back, your property manager will then complete the final property inspection and will contact you after this if there is anything to discuss. At this stage you may be asked to complete additional cleaning or garden work that is required to our satisfaction before we return your bond.
Property viewings
If you have given notice to vacate the property we ask that you will give us access to show prospective tenants around. Of course we will always give you notice and arrange a time to suit you. A property manager will always attend any viewings to show prospective tenants around the property.