If you are searching for how to evict a tenant in NZ, the first thing to understand is that “eviction” and “ending a tenancy” are not the same thing. In New Zealand a landlord cannot evict a tenant personally. You end a tenancy by giving a valid written notice under the Residential Tenancies Act 1986, and if the tenant will not leave, only the Tenancy Tribunal (and then a court bailiff) can force them out. Get the process right and most situations resolve at the notice stage. Get it wrong, and you can face significant exemplary damages.
The law also changed recently, so a lot of advice online is now out of date. As of 2026, a landlord can end a periodic tenancy with 90 days’ written notice without giving any reason. That ability was reintroduced on 30 January 2025. This guide sets out the current, lawful ways to end a tenancy in New Zealand, the correct notice periods, the rent arrears rules and the Tribunal process, so you can act with confidence.
If you would rather have all of this handled correctly the first time, our team manages the entire process for landlords. You can learn more about our Auckland property management service or request a free rental appraisal at any time.
The law in 2026: what changed
The Residential Tenancies Amendment Act 2024 made several important changes to how tenancies end. The headline change came into force on 30 January 2025 and reversed the earlier reform that had removed no-cause terminations.
Here is the current position for periodic tenancies:
- 90 days’ notice (no cause): A landlord can now end a periodic tenancy with at least 90 days’ written notice without giving any reason.
- 42 days’ notice (specific grounds): A shorter 42-day notice is available for three specific situations, with the reason stated in the notice.
- 21 days’ notice (tenant): A tenant only needs to give 21 days’ written notice to end a periodic tenancy, unless the landlord agrees to less.
This is the single most misunderstood point in 2026. Before 30 January 2025, landlords could not end a periodic tenancy without a reason. That is no longer the case. Many older articles still say a landlord must always have grounds, and they are now wrong. You can confirm the current rules on the official Tenancy Services page on ending a periodic tenancy.
Periodic vs fixed-term tenancies
The type of tenancy decides what you can and cannot do, so this is the first thing to check.
Periodic tenancies
A periodic tenancy continues until either party gives proper notice. This is the tenancy you can end with a 90-day no-cause notice or a 42-day grounds notice. Notice can be given on any day of the week to end the tenancy on any day. It does not have to line up with the rent cycle or the original start date.
Fixed-term tenancies
A fixed-term tenancy runs to its agreed end date. Generally, neither party can end it early just by giving notice. You cannot serve a 90-day notice partway through a fixed term to bring it to an early close.
What happens at the end of a fixed term is important. Under the rules that apply to notices given on or after 1 May 2025, a fixed-term tenancy automatically converts to a periodic tenancy at the end, unless the landlord or tenant gives notice in the window that runs from 90 days down to 21 days before the end date, or both parties agree otherwise. So if you do not want a fixed term to roll into a periodic tenancy, you must take action inside that 90-to-21-day window.
The lawful ways to end a periodic tenancy
There are two main routes a landlord can use to end a periodic tenancy, plus the breach-based routes covered further down.
1. The 90-day no-cause notice
You can end a periodic tenancy with at least 90 days’ written notice and you do not have to give a reason. This is the most flexible option, but it comes with one important caveat: the notice must not be retaliatory. If you give a termination notice in response to a tenant exercising a legal right, such as asking for repairs or raising a complaint, the tenant can apply to the Tribunal to have the notice declared retaliatory and set aside.
A retaliatory or false-reason termination is an unlawful act that can attract exemplary damages, and the maximum penalties for several of these breaches were increased under the 2024 Act. The lesson is simple: only end a tenancy for genuine reasons, and keep good records.
2. The 42-day grounds notice
You can use a shorter 42-day written notice in three situations. When you give less than 90 days’ notice, you must state the reason in the notice. The three qualifying grounds are:
- Owner or family moving in: the owner, or a member of the owner’s family, requires the premises as their principal place of residence. They must move in within 90 days of the tenancy ending and live there for at least 90 days.
- Unconditional sale: the premises have been sold under an unconditional agreement that requires vacant possession.
- Employee or contractor accommodation: the premises are required for occupation by the landlord’s employees or contractors, and this was clearly stated in the current tenancy agreement.
Note that the owner-moving-in ground is now 42 days, not 63 or 90 days as older sources state. For a fuller walkthrough of the forms and timing, see our guide to giving a landlord notice to end a tenancy in New Zealand.
Ending a tenancy for rent arrears
Rent arrears are the most common reason landlords look at ending a tenancy. The arrears rules did not change in 2024, so there are three clear pathways.
The 14-day notice to remedy
If a tenant falls behind on rent, you can issue a 14-day notice to remedy. This gives the tenant 14 days to pay the arrears. If they pay or make a reasonable arrangement, the tenancy continues. If they do not, you can apply to the Tenancy Tribunal to end the tenancy and recover the rent owed. A 14-day notice to remedy can also be used for other breaches of the tenancy agreement.
The 21-days-in-arrears direct route
If a tenant is 21 days or more in rent arrears, you can apply directly to the Tenancy Tribunal for termination without first giving a 14-day notice. This route sits under sections 55 and 56 of the Residential Tenancies Act 1986. Be careful not to confuse this 21-day arrears threshold with the 21-day notice a tenant gives to end a periodic tenancy. They are two completely different uses of “21 days”.
The repeat late-payment ground
Under section 55(1)(aa), you can apply to the Tribunal to end a tenancy if, on three separate occasions within a 90-day period, rent that was due stayed unpaid for at least five working days, provided you gave the tenant written notice of the overdue rent on each of those three occasions. You then have 28 days after the third notice to apply to the Tribunal. This is a useful ground for persistent late payers who keep clearing the arrears just before the 21-day mark. You can read the official detail on the Tenancy Services overdue rent page.
Other grounds for ending a tenancy
Beyond no-cause notices and rent arrears, there are specific grounds that allow a faster or Tribunal-ordered end to a tenancy.
- Physical assault: a landlord can end a tenancy with at least 14 days’ notice where the tenant has physically assaulted the landlord, the owner, their family or their agent, and the police have filed a charge.
- Tenant damage and serious breaches: where a tenant causes significant damage or seriously breaches the agreement, you can issue a notice to remedy and, if it is not remedied, apply to the Tribunal to end the tenancy.
- Antisocial behaviour: repeated antisocial behaviour can be grounds for the Tribunal to terminate a tenancy, supported by proper written notices each time it occurs.
- Family violence: a tenant affected by family violence can end their tenancy with at least two days’ written notice and qualifying evidence. This is a tenant right, but landlords should know it exists.
The Tenancy Tribunal process step by step
If a notice does not resolve the situation, or you are relying on a breach-based ground, the Tribunal is the only lawful way to obtain possession. Here is how it works.
- Apply to the Tribunal. The application fee is $28, paid by the person making the application and recoverable if you succeed. Applications can be made online.
- Mediation. Many cases are referred to mediation first. A mediated agreement can be sealed and enforced like a Tribunal order.
- The hearing. If mediation does not resolve it, an adjudicator hears the matter and makes a decision.
- Possession order. If the Tribunal agrees the tenancy should end, it issues a possession order setting out when the tenant must leave.
- Warrant of possession. If the tenant still will not leave after a possession order, you cannot remove them yourself. Enforcement requires a District Court Warrant of Possession, executed by a court bailiff.
Be realistic about timing. Between the notice period and the wait for a Tribunal hearing, the full process can stretch over several months, especially in busy Auckland. This is exactly why getting the notice right the first time matters so much, and why our property management team handles arrears and notices early before they escalate.
What you must not do: self-help eviction is unlawful
This is the part that catches landlords out and costs them money. You cannot take matters into your own hands. The following are unlawful, even if the tenant owes rent or has clearly breached the agreement:
- Changing the locks to keep the tenant out.
- Removing or storing the tenant’s belongings.
- Cutting off power, water or other utilities.
- Harassing the tenant or pressuring them to “help them pack”.
Each of these breaches the tenant’s right to quiet enjoyment and is an unlawful act under the Residential Tenancies Act. The Tribunal can order exemplary damages against you, and you could still end up paying the tenant even though they were the one in breach. A landlord must obtain a Tribunal possession order, and then a bailiff with a warrant of possession if the tenant will not leave. There are no shortcuts.
Notice requirements checklist
A notice that is wrong can be thrown out, which means you start the clock again. Before you serve any termination notice, check that it is:
- In writing and in the approved form.
- Correct on the grounds, with the reason stated where you are using a 42-day or breach-based notice.
- Accurate on dates, giving the full notice period required (90, 42, 21 or 14 days as relevant).
- Signed by the landlord or their authorised agent.
- Correctly served at the tenant’s address for service, allowing extra working days if posted.
Small errors, such as miscounting the notice period or using the wrong form, are among the most common reasons a termination fails at the Tribunal.
How a property manager protects you
Ending a tenancy correctly is detail-heavy work. The right notice, the right grounds, the right dates, served the right way, and a clean paper trail if it goes to the Tribunal. A good property manager does this every week and knows where landlords slip up.
At Ray White Austar Property Services, we manage arrears, notices and Tribunal applications for Auckland landlords so you never have to guess. If you are weighing up your options, start with a free rental appraisal, or talk to us about full property management and let us handle the process from start to finish.
Frequently Asked Questions
Can a landlord evict a tenant without a reason in NZ?
Yes, for a periodic tenancy. Since 30 January 2025, a landlord can end a periodic tenancy with at least 90 days’ written notice without giving a reason. The notice must not be retaliatory. A fixed-term tenancy generally cannot be ended early without grounds.
How much notice does a landlord have to give a tenant in NZ?
For a periodic tenancy, a landlord gives at least 90 days’ notice for a no-cause termination, or 42 days’ notice for specific grounds such as the owner or a family member moving in, an unconditional sale requiring vacant possession, or employee accommodation. A tenant only needs to give 21 days’ notice.
How long does it take to evict a tenant in New Zealand?
It depends on the route. The notice period alone can be 14 to 90 days. If the tenant does not leave and you need a Tribunal hearing, a possession order and possibly a warrant of possession, the full process can stretch over several months.
How do I evict a tenant who will not pay rent in NZ?
Issue a 14-day notice to remedy giving the tenant 14 days to pay. If they do not pay or make an arrangement, apply to the Tenancy Tribunal. If the tenant is 21 days or more in arrears, you can apply directly to the Tribunal without a 14-day notice first.
Can a landlord change the locks to evict a tenant in NZ?
No. Changing the locks, removing belongings or cutting utilities is unlawful self-help eviction and breaches the tenant’s right to quiet enjoyment. You must obtain a Tribunal possession order, then a District Court warrant of possession enforced by a bailiff if the tenant still will not leave.
How much does it cost to apply to the Tenancy Tribunal?
The application fee is $28, paid by the person making the application. The fee is recoverable if your application is successful.
Disclaimer
This article is general information only and is not legal advice. Tenancy law can change and every situation is different. For the current rules, check tenancy.govt.nz and the Tenancy Tribunal, or speak to a property professional before acting.