What is the difference between a fixed term and periodic tenancy?
The normal type of tenancy in New Zealand is referred to as a periodic tenancy. In general terms a periodic tenancy requires that a tenant must give 21 days notice prior to vacating a property. If the owner of the property wishes to shift back into the property they must give the tenants 42 days notice and if the property is sold the tenants must also be given 42 days notice to vacate, once the property owner has an unconditional purchase agreement. Should the owner of the property wish the tenants to vacate for any other reason 90 days notice must be given. A fixed term tenancy is exactly that. The tenancy would commence on a fixed date and terminate on a fixed date. Notice to either party can not be given. So as the owner of the property you can not give the tenant notice because you wish to shift back into the property or because you have sold it with vacant possession. It is important that you keep us informed of your long term plans so that we can ensure that if you are returning
