A tenant on a 12-month fixed term tells the property manager in writing, 10 days before the term expires, that she will move out on the expiry date. Neither party gave any earlier notice. What is the effect?
Correct Answer
B) The notice is too late; the tenancy becomes periodic and she must give 21 days' notice.
Under s 60A a fixed term of more than 90 days continues as periodic unless written notice is given in the effective period, from the 90th to the 21st day before expiry, or the parties agree otherwise. A notice given 10 days out misses that period. The tenancy becomes periodic, and the tenant may then end it with at least 21 days' notice under s 51(2A).
Why This Is the Correct Answer
Missing the s 60A window turns the tenancy periodic, and then the tenant's periodic notice of 21 days applies.
Why the Other Options Are Wrong
Option A: The notice is valid and the tenancy ends on the expiry date as she intends.
Notice not to continue must be given by the 21st day before expiry; 10 days is outside the window.
Option C: The notice is too late, so she is bound to a further 12-month fixed term.
A late notice leads to a periodic tenancy under s 60A, not an automatic new fixed term.
Option D: The notice is valid only if the landlord agrees within 48 hours of receiving it.
The parties can agree to end the tenancy, but the notice itself does not become valid that way.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Late notice at the end of a fixed term means periodic tenancy, then 21 days.
Common Mistakes to Avoid on Property Management Questions
- •Believing a tenant can walk away at expiry with any amount of notice.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → 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?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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