A 12-month fixed-term tenancy ends on 31 March. The landlord does not want it to continue but has no particular reason. What must the property manager do?
Correct Answer
A) Give written notice between the 90th and 21st day before 31 March.
Section 60A says a fixed-term tenancy of more than 90 days continues as periodic at expiry unless, among other things, either party gives written notice of their intention not to continue within the effective period. Under s 60A(2A) that period runs from the 90th day to the 21st day before expiry. Since 30 January 2025 no reason is required.
Why This Is the Correct Answer
Section 60A(2)(c) and (2A) let either party stop the roll-over with written notice 90 to 21 days before expiry.
Why the Other Options Are Wrong
Option B: Nothing; a fixed-term tenancy ends automatically when its term expires.
Under s 60A a fixed term of more than 90 days becomes periodic unless notice is given in time.
Option C: Give at least 90 days' notice and state a specific ground from section 51.
From 30 January 2025 no ground is needed to end a fixed term at expiry, only timely written notice.
Option D: Give 42 days' written notice before expiry, as for a periodic tenancy.
Forty-two days is a periodic notice period for set grounds; fixed terms use the 90-to-21-day window.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Fixed-term exit window: from 90 days out to 21 days out.
Common Mistakes to Avoid on Property Management Questions
- •Assuming a fixed term simply ends on its expiry date without notice.
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- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
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