Disclaimer:
This article provides general information about the eviction process in New Zealand. Tenancy law is complex and requirements may change. For specific situations, especially those involving disputes, consider seeking legal advice.
Key Takeaways
- Landlords cannot evict tenants without following the legal process; self-help eviction is illegal.
- Valid grounds for termination include rent arrears, property damage, antisocial behaviour, and specified landlord reasons.
- Notice periods vary by ground, from short breach-remedy periods through to 90 days for periodic tenancies without specific grounds.
- If tenants refuse to leave after a valid notice, you must apply to the Tenancy Tribunal for a possession order.
- Only a bailiff can physically remove tenants who refuse to comply with a possession order.
Eviction is a last resort, but sometimes it is necessary. Whether dealing with rent arrears, property damage, or other serious issues, understanding the legal process protects both you and your investment. Getting it wrong can result in penalties and delays.
New Zealand law strongly protects tenants' rights to occupy their home. Landlords must follow specific procedures to end a tenancy, and attempting to force a tenant out without following these procedures is illegal. This guide explains the lawful eviction process.
Understanding Termination vs Eviction
It is important to distinguish between termination and eviction. Termination is the legal ending of a tenancy, which can be initiated by either party with proper notice. Eviction is the removal of a tenant who refuses to leave after the tenancy has been legally terminated.
Most tenancies end without eviction. The landlord gives notice, the tenant vacates by the required date, and the bond is settled. Eviction only becomes necessary when tenants refuse to leave despite valid termination.
Grounds for Termination
Landlords can only terminate tenancies for reasons specified in the Residential Tenancies Act. The grounds and notice periods depend on the type of tenancy and the reason for termination.
Termination Grounds and Notice Periods:
- Rent arrears (21+ days): 14 days notice
- Repeated rent arrears: 14 days notice after third occurrence in 90 days
- Serious damage to property: 14 days notice
- Assault or threats: 14 days notice
- Antisocial behaviour (3+ instances): 14 days notice
- Owner/family moving in: 42 days notice where the legal criteria are met
- Property being sold with vacant possession: 42 days notice where there is an unconditional sale requiring vacant possession
- Significant renovations: 90 days notice
- No specific reason (periodic): 90 days notice
Fixed-term tenancies have additional protections. You generally cannot terminate a fixed-term tenancy early unless the tenant agrees or there are serious grounds such as rent arrears or property damage.
Serving Notice
Termination notices must be in writing and include specific information: the address of the property, the date the notice is given, the date by which the tenant must vacate, and the reason for termination with relevant details.
Methods of Service
Notices can be served by personal delivery, by leaving the notice at the property with someone who appears over 16, by posting to the property or an agreed address, or by email if the tenant has agreed to electronic communication.
Best Practice for Serving Notice:
- Use a method that provides proof of delivery
- Keep a copy of the notice with the date of service noted
- Consider using registered post or courier with tracking
- If serving in person, have a witness or take a photo with timestamp
- Follow up with a copy by email for additional record
When calculating notice periods, do not count the day of service. If you serve a 14-day notice on Monday, the tenant has until two weeks from Tuesday.
When Tenants Do Not Leave
If the tenant remains after the notice period expires, you must apply to the Tenancy Tribunal for a possession order. You cannot change locks, remove belongings, cut utilities, or physically remove the tenant yourself. Such actions are illegal and can result in substantial penalties.
Related: Navigating the Tenancy Tribunal
Applying for a Possession Order
Your Tribunal application should include copies of the tenancy agreement, the termination notice with proof of service, evidence supporting your grounds for termination, and details of any communication with the tenant since the notice.
The Tribunal will schedule a hearing where both parties can present their case. If satisfied that the termination is valid and the tenant should leave, the adjudicator will issue a possession order specifying a date by which the tenant must vacate.
Enforcing a Possession Order
If the tenant still refuses to leave after a possession order is issued, you can apply to the District Court for enforcement. The court can authorise a bailiff to physically remove the tenant and their belongings.
Important: Never Self-Evict
Regardless of how frustrating the situation, never attempt to remove a tenant yourself. Changing locks, removing doors, cutting power or water, or physically removing belongings are all illegal. Tenants can seek significant damages through the Tribunal for such actions, and you may face criminal charges.
The bailiff process takes additional time and costs money, but it is the only legal way to remove a tenant who refuses to leave. The costs can sometimes be recovered from the tenant if they have means to pay.
Special Situations
Rent Arrears
For rent arrears, you can serve 14-day notice once the tenant is 21 or more days behind. The tenant can stop the termination by paying all arrears before the notice expires. If they pay late but before you apply to the Tribunal, the notice may still be valid but the Tribunal may consider whether to grant possession.
Related: Dealing with Rent Arrears and Late Payments
Property Damage
For substantial damage to property, you can serve 14-day notice. Document the damage thoroughly with photos and, if possible, professional assessments. The Tribunal will consider whether the damage is serious enough to justify termination.
Antisocial Behaviour
Antisocial behaviour includes harassment of neighbours, excessive noise, and illegal activity. You generally need three instances within 90 days to terminate for antisocial behaviour, unless the behaviour is extremely serious. Keep detailed records of each incident, including dates, times, and any complaints from neighbours.
After the Tenant Leaves
Once the tenant has vacated, conduct a thorough inspection and compare the property's condition to the initial inspection report. Document any damage beyond normal wear and tear and settle the bond accordingly.
If there is damage exceeding the bond, or rent arrears, you can apply to the Tribunal to recover these costs. You have six years to bring a claim, but evidence is fresher and more compelling if you act promptly.
Frequently Asked Questions
Can I evict a tenant who is not paying rent if they have nowhere to go?
Yes. While the situation may be sympathetic, a tenant's housing circumstances do not affect your legal right to terminate for rent arrears. The Tribunal may consider hardship when setting the possession date, but cannot refuse to grant possession if the termination is valid.
What if the tenant disputes my reason for termination?
The tenant can challenge your termination at the Tribunal. You will need to prove your grounds are valid. For example, if terminating for rent arrears, you need records showing the tenant was 21 or more days behind. If the Tribunal finds your grounds insufficient, the termination may be invalid.
How long does the whole eviction process take?
If the tenant leaves when required, no eviction is needed. If you need a Tribunal order, expect four to eight weeks from application to order. If the tenant still refuses and you need bailiff enforcement, add another four to six weeks. In total, removing a non-cooperative tenant can take three to four months or longer.
Can I give notice because I do not like the tenant?
For periodic tenancies, you can give 90 days notice without specifying a reason. However, you cannot terminate for discriminatory reasons such as the tenant's race, gender, family status, or disability. Retaliatory termination (because the tenant complained about issues) is also prohibited.
Useful New Zealand property investor resources
Property investment rules change, especially around lending, tax, and tenancy obligations. Use these authoritative New Zealand sources to check current settings before making decisions.
Official and market sources
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- First Home Buyers Club
First-home buyer guides, calculators, and mortgage adviser support for New Zealand buyers.
- Homeowners Club
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