RTA 1986 — Sections 51, 53, 56Updated April 2026⚡ Live legislation content
Quick answer
The standard notice period for a landlord to end a periodic tenancy is 63 days. Tenants require 28 days. Fixed-term tenancies end on the agreed end date unless both parties agree otherwise in writing.
Landlord notice periods — periodic tenancies
Under Section 51 of the Residential Tenancies Act 1986, a landlord can end a periodic tenancy by giving:
Reason
Notice required
RTA section
General termination (no specified reason)
63 days
s51(1)(a)
Landlord or family member requires property
63 days
s51(1)(b)
Sale — purchaser requires vacant possession
63 days
s51(1)(c)
Major renovation or demolition
63 days
s51(1)(d)
Anti-social behaviour (three strikes)
14 days
s54
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63 days is the minimum — cannot be shortened by agreement
A notice served with less than 63 days is invalid. The tenancy continues as if no notice was given. Re-serve with the correct period.
Tenant notice periods — periodic tenancies
Under Section 53, a tenant can end a periodic tenancy by giving 28 days written notice. No reason is required. The notice period cannot be shortened by mutual agreement.
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A fixed-term tenancy runs until the agreed end date. At the end:
Converts automatically to periodic tenancy if neither party acts
Landlord can give notice the tenancy won't continue (at least 63 days before end)
Tenant can give notice they'll vacate (at least 21 days before end)
Special termination circumstances
Uninhabitable property — either party can give 2 days' notice (s59)
Family violence — tenant can end their liability with 2 days' notice and a Family Violence Act declaration (s56A)
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Notice must be in writing
All notice to end a tenancy must be in writing. Verbal notice is not valid. Serve by hand, post (add 3 days), or email if both parties have agreed in writing to email service.
Common questions
No. 63 days is the absolute minimum set by law. The only exception is the anti-social behaviour three-strikes process (14 days).
The notice is invalid. The tenancy continues as if no notice was given. Re-serve a valid notice with the correct period.
A tenant can negotiate to leave early. If the landlord agrees, document it in writing. Without agreement, the tenant remains liable for rent until the notice period expires.
From the day notice is received. For posted notice, add 3 working days. For email, it's deemed received on sending if both parties agreed to email service.
Generally no. A fixed-term runs to its end date. You can apply to the Tenancy Tribunal in limited circumstances, or negotiate a mutual written agreement.
What happens when staff ask this question at 11pm?
"What's the minimum notice my landlord needs to give me to end the tenancy?"