Last updated: 22 July 2026. Tenancy law changed significantly on 30 January 2025 — this guide reflects the current rules published by Tenancy Services and the Ministry of Justice. It is general information, not legal advice; for decisions about your own tenancy, contact Tenancy Services (0800 836 262) or a lawyer.

 

In New Zealand, a landlord cannot personally remove a tenant — not by changing the locks, not by moving their belongings out, not by cutting the power. A tenancy ends lawfully in one of two ways: the landlord serves a valid written notice under the Residential Tenancies Act 1986, or the Tenancy Tribunal terminates the tenancy by order. If the tenant still refuses to leave, only a court bailiff executing an eviction warrant can physically return the property.

 

This guide walks through the whole path in order: which rules apply to your situation, the current notice periods, the grounds for asking the Tribunal to end a tenancy, the application and hearing process, enforcement through the Ministry of Justice — and the section most eviction guides skip entirely: why none of this applies to flatmates, and what does.

 

Can a landlord evict a tenant in New Zealand?

Yes, but only through the legal process — never personally. A landlord can end a periodic tenancy with 90 days' written notice (no reason required) or 42 days' notice on specific grounds, and can apply to the Tenancy Tribunal to terminate a tenancy for serious problems such as rent arrears. If the tenant does not leave, the landlord needs a Tribunal possession order, enforced by a Ministry of Justice bailiff under an eviction warrant.

 

First: three different things people call "eviction"

The word "eviction" gets used for three legally distinct steps, and mixing them up is where most landlords go wrong:

 

1. Ending the tenancy by notice. The landlord serves a written termination notice with the correct notice period. No Tribunal involvement is needed if the tenant moves out.
2. Termination by the Tenancy Tribunal. For breaches — most commonly rent arrears — the landlord applies to the Tribunal, which can end the tenancy by order and issue a possession order.

3. Physical eviction. If the tenant stays past the end date or ignores a possession order, the order is enforced through the Ministry of Justice: it becomes an eviction warrant, and a court bailiff returns possession of the property. According to the Ministry of Justice, an eviction warrant is what allows a bailiff to evict anyone from the property and return possession to the person named in the order.

    

Everything below follows that sequence.

 

Step 1 — Work out which rules apply to your situation

The correct process depends on the type of arrangement. According to Tenancy Services, the Residential Tenancies Act 1986 covers landlords and tenants — not flatmates — so start by identifying which one you're dealing with.

A tenant is a person who signed the tenancy agreement with the landlord. Tenancy Services states that tenants are jointly responsible for all the rent and any damage — not just their own share — and that only the landlord can give tenants notice to leave. A flatmate shares the property but isn't on the agreement; they are responsible to the tenant, not the landlord, and their rights depend on whatever arrangement they have with the tenant. If your problem person is a flatmate, skip ahead to the flatmate section — the rest of this process does not apply to them.

 

Step 2 — Ending a tenancy with notice (no breach required)

Periodic tenancies: 90 days, or 42 days with a reason

Since the current rules took effect, a landlord can end a periodic tenancy with 90 days' written notice without giving any reason. Tenancy Services adds one condition: the notice must not be given in retaliation (see its guidance on retaliatory notices before serving one after a dispute).

 

The notice period drops to 42 days when one of three grounds applies, per Tenancy Services:

Two details from the official rules that landlords routinely miss: if you give less than 90 days' notice, the reason must be stated in the notice itself, and the underlying legislation — section 51 of the Residential Tenancies Act 1986 on legislation.govt.nz — frames these as minimum periods ("at least" 90 or 42 days), so a longer notice is always valid.

 

Tenants on a periodic tenancy must give at least 21 days' written notice, unless the landlord agrees in writing to less. Tenancy Services notes two consequences worth knowing before you act: a tenant who receives a landlord's 90-day notice and wants to leave earlier must still give their own 21 days' notice — and if there are multiple tenants on the agreement, notice from any one of them ends the periodic tenancy for all of them.

 

Fixed-term tenancies: the 90-to-21-day window

A fixed-term tenancy can't simply be ended mid-term. According to Tenancy Services, it generally ends early only if landlord and tenant both agree, with limited exceptions.

 

What happens at the end of the term is where the current rules matter. Per Tenancy Services' guidance on fixed-term expiry:

 

• If nobody gives valid notice, the tenancy automatically becomes a periodic tenancy — and you're back to the 90/42-day rules above.
• A landlord who doesn't want the tenancy to continue must give written notice inside the "effective period": from the 90th day before expiry until the 21st day before expiry. No reason is required.
• A tenant can likewise give notice within that window to end the tenancy at the expiry date.
• Short fixed-term tenancies (90 days or less) are different again: they end on the agreed expiry date with no notice required from anyone, and don't roll over to periodic.

 

One transitional caveat straight from the official page: if notice was given before 1 May 2025, previous laws may apply — check Tenancy Services' law changes page before relying on the current rules for an older notice.

 

Getting the notice itself right

Tribunal cases are won and lost on notice mechanics. According to Tenancy Services, every termination notice must be in writing, state the address of the tenancy, state the date the tenancy ends, and be signed by the person giving it. The official notice templates add two practical rules: the notice period starts the calendar day after the notice is given, and a notice can only be delivered to a physical address — or an electronic address (such as an email address) — that has been provided as an address for service in the tenancy agreement. Tenancy Services publishes free 90-day and 42-day notice templates in Word and PDF; using them removes most of the ways a notice can fail.

 

Step 3 — Ending a tenancy for cause: arrears, behaviour, assault

When the problem is a breach rather than a business decision, notice alone usually isn't enough — the pathway runs through the Tenancy Tribunal.

 

Rent arrears: the three pathways

Rent arrears are the most common trigger, and Tenancy Services' overdue-rent guidance sets out three distinct routes:

 

1. A 14-day notice to remedy. If the tenant owes less than 21 days' rent, the landlord can serve a notice to remedy giving them 14 days to fix the breach. Tenancy Services provides the template. If the arrears are paid, the tenancy continues.
2. A Tribunal application at 21 days' arrears. Tenancy Services' worked scenarios show a landlord making a section 55 application to the Tribunal once rent has remained unpaid for 21 days. The Tribunal — not the landlord — decides whether the tenancy ends.

3. The "three notices in 90 days" route (section 55(1)(aa)). Introduced by the Residential Tenancies Amendment Act 2020 and in force since 11 February 2021, this covers the tenant who is chronically late rather than deeply behind. If, on three separate occasions within a 90-day period, rent due has remained unpaid for at least five working days, and the landlord has given a compliant written Notice of Overdue Rent on each occasion, the landlord can apply to the Tribunal to terminate. Per Tenancy Services, each notice must state the amount overdue, the dates it relates to, the tenant's right to challenge the notice at the Tribunal, and how many qualifying notices have already been given in the 90-day window — and the Tribunal application must be filed within 28 days of the third notice. The tenant can challenge by proving the rent wasn't five working days overdue or a notice didn't meet the requirements.

    

A practical point from the same official page: talk first. Tenancy Services suggests discussing a repayment arrangement (recorded in writing) and letting tenants know the Accommodation Supplement from Work and Income may be available to help with rent — tenants don't need to be on a benefit to qualify.

 

Anti-social behaviour: three notices in 90 days

The structure mirrors the arrears rule. According to Tenancy Services, if a tenant displays anti-social or unacceptable behaviour on three separate occasions within a 90-day period, and the landlord has given written notice of the behaviour each time, the landlord can apply to the Tenancy Tribunal to end the tenancy. Tenancy Services publishes the Notice of Anti-social Behaviour template and detailed guidance on what qualifies — read it before issuing the first notice, because the Tribunal will scrutinise all three.

 

Physical assault: a 14-day termination notice

This is one of the few breach situations where a landlord can terminate by notice rather than Tribunal order. Tenancy Services states that a landlord can give written notice of at least 14 days, in the approved form, if the tenant has physically assaulted the landlord, the owner, a member of their family, or the landlord's agent, and the Police have filed a charge over the assault — the landlord must provide qualifying evidence of the charge.

 

Family violence: a tenant-side exit worth knowing about

While researching landlord-side terminations, don't overlook the reverse rule, because it changes who is on the agreement: Tenancy Services states that a tenant (or their dependant) experiencing family violence can withdraw from the tenancy with at least two days' written notice in the approved form, with qualifying evidence, without financial penalty and without needing the landlord's agreement or a Tribunal order — on both periodic and fixed-term tenancies.

 

Step 4 — The Tenancy Tribunal process, start to finish

When notice hasn't worked, or the ground requires a Tribunal order, here is the process as Tenancy Services describes it:

 

1. Apply online at dispute.tenancy.govt.nz. The application is a four-step online process: register, log in, complete the form, pay and submit. You'll need a RealMe login, a working email address, your bond number if a bond is lodged, and electronic copies of the tenancy agreement and supporting documents (rent records, notices served, correspondence). Tenancy Services says the application takes about 10 minutes and can be saved for up to 30 days; paper applications are accepted only on the latest version of the form.
2. Pay the application fee — $28. The applicant pays, though Tenancy Services notes Work and Income may assist people on a benefit, and — a detail worth acting on — if you're successful, the Tribunal can order the other party to repay your application fee, but only if you ask for this in your application.
3. The dispute is triaged. According to Tenancy Services, after you apply you'll be offered scheduled mediation, have a FastTrack Resolution application formalised (used when the parties have already reached an agreement), or be scheduled for a Tribunal hearing. The same application form covers all three.
4. The hearing. If a hearing is scheduled, you receive a notice of hearing with the date, time and location. If the other side has claims against you, they can file a cross-application so both are heard together. Bring the paper trail: the tenancy agreement, every notice with proof of how and when it was served, and a rent summary. If the dispute settles beforehand, tell Tenancy Services immediately (and the relevant District Court if the hearing is within five days) — withdrawn applications don't get the fee refunded.

5. The orders. Where the Tribunal terminates a tenancy, the decision that matters for eviction is the possession order — the legal basis for getting the property back if the tenant still won't go.

    

Timeframes vary by case type and region, and Tenancy Services publishes current hearing timeframes on its Tribunal pages — check those rather than relying on figures in blog posts, which age quickly.

 

Step 5 — What happens if the tenant still won't leave

A possession order is not the end of the road; it's the key to the next door. Per Tenancy Services' guidance on enforcing Tribunal orders:

 

1. Enforcement goes through the Ministry of Justice. The Ministry's Collections Unit enforces Tenancy Tribunal orders and sealed mediation orders. Only a party named on the order (or their lawyer) can apply.
2. The possession order becomes an eviction warrant. If the tenant hasn't vacated, you file to enforce the possession order — and, in Tenancy Services' words, once you file, it becomes an eviction warrant. A court bailiff can then return possession of the property to the person named in the order. If you're unsure whether the tenant has actually left, Tenancy Services says to apply for enforcement anyway.
3. Mind the deadlines. According to the Ministry of Justice, the application must be filed within 3 months of the date the order was first breached or the date the tenancy ended, and must attach a sealed copy of the Tribunal or mediator's order (plus a rent schedule showing the breach, if the eviction is conditional on a payment arrangement being broken).
4. The eviction itself. The Ministry of Justice requires you — or a representative such as a property manager or solicitor — to be present at the eviction, and you may arrange a locksmith to attend. Tenancy Services adds that you can help the bailiff avoid delays by flagging known health and safety risks at the property in advance, and that a locksmith on the day means the house is secured immediately.
5. Belongings left behind. Tenancy Services says the landlord should arrange for the tenant to collect anything left after the eviction; if they don't, the landlord can apply to the Tribunal for a disposal order rather than simply throwing things out.
6. Money owed is enforced separately. The same Ministry of Justice channel handles the financial side: an assessment of the debtor's financial means, or a warrant to seize and sell belongings. Enforcement fees can be added to what the debtor owes.

The 90-day trap. Buried in Tenancy Services' notice guidance is a rule that catches slow-moving landlords: if the tenant stays more than 90 days after the tenancy ends without the landlord obtaining a possession order — or more than 90 days after getting one — the landlord is treated as having granted a new periodic tenancy, and must start the notice process again from scratch. Diary the dates the moment a notice period expires.

 

What a landlord cannot legally do

Everything above describes the only lawful route to possession, and the shape of that route is the point: under the framework Tenancy Services and the Ministry of Justice publish, physical removal of a tenant happens one way — a court bailiff executing an eviction warrant that began life as a Tribunal possession order. There is no lawful self-help version. Lock changes, removing belongings, or pressuring a tenant out sidestep a process the law routes exclusively through the Tribunal and the courts, and Tenancy Services' guidance on retaliatory notices makes clear that even a properly formatted 90-day notice must not be served in retaliation. Where a Tribunal outcome isn't being honoured — by either side — the remedy is the Ministry of Justice enforcement channel above, not direct action. Landlords unsure whether a planned step is lawful can check with Tenancy Services (0800 836 262) before acting; unwinding a wrong move costs far more than the phone call.

 

Evicting a flatmate is a different process entirely

Here's the part almost every eviction guide misses, and the one that matters most in shared households: flatmates are not tenants, and none of the above applies to them.

 

According to Tenancy Services, the Residential Tenancies Act 1986 covers only tenants and landlords. A flatmate — someone who lives in the property but isn't named on the tenancy agreement — sits outside the Act. Their rights depend on the agreement they have with the tenant, they pay rent to the tenant rather than the landlord, and they are responsible to the tenant, not the landlord.

 

The practical consequences, all confirmed on Tenancy Services' flatting and Tribunal pages:

 

• The Tenancy Tribunal cannot hear flatmate disputes. Disagreements between a head tenant and a flatmate — including one refusing to leave — go to the Disputes Tribunal, run by the Ministry of Justice. The same applies to private board arrangements and situations where a family member is the landlord.
• No statutory notice periods exist for flatmates. The 90-day and 42-day rules, the 14-day notices, the three-strikes regimes — none of it applies. What governs the situation is the flat-sharing agreement (if one exists) and general law, which is exactly why Tenancy Services urges flatmates and tenants to record their arrangement in writing and publishes a free flat/house sharing agreement template for the purpose.
• Tenancy Services won't advise on flatmate disputes. Its flatting page says so directly, and points people to community legal help instead.

For head tenants, the lesson runs in both directions. Before a flatmate moves in is the moment to act on Tenancy Services' recommendation to record the arrangement in writing — notice to leave, rent share, bond — using its free template, because the Act won't fill those gaps for you. And when a flatmate does move out (voluntarily or otherwise), the head tenant remains liable to the landlord for all of the rent in the meantime, since Tenancy Services confirms tenants carry responsibility for the whole rent, not just their share. Filling the empty room quickly is a financial necessity, not a nice-to-have — you can list the room on flatshare.co.nz and screen candidates properly this time, with a written agreement ready before anyone gets a key.

 

Where to get official help

• Tenancy Services (tenancy.govt.nz) — the MBIE agency behind every tenancy rule cited in this guide: notice templates, the flat-sharing agreement, dispute guidance, and the tenancy advice line on 0800 836 262.
• Tenancy Tribunal (dispute.tenancy.govt.nz) — online applications for mediation, FastTrack Resolution, or a hearing; $28 fee.
• Ministry of Justice (justice.govt.nz) — enforcement of Tribunal orders, eviction warrants and bailiffs; also runs the Disputes Tribunal (disputestribunal.govt.nz) for flatmate disputes.
• A lawyer — for anything contested, high-value, or unusual (mortgagee sales, mixed boarder/flatmate households, alleged retaliatory notices), independent legal advice is the safe move. This guide informs; it can't weigh your specific facts.

 

FAQ: evicting a tenant in New Zealand

Can a landlord evict a tenant without going to the Tenancy Tribunal? A landlord can end a tenancy by serving a valid written notice — no Tribunal needed if the tenant then leaves. But if the tenant stays, or the ground is a breach like 21 days' rent arrears, only the Tribunal can terminate the tenancy and issue a possession order, and only a bailiff with an eviction warrant can physically remove the tenant.

 

How much notice does a landlord have to give a tenant in NZ? For a periodic tenancy: 90 days with no reason, or 42 days where the owner or family is moving in, the property has sold unconditionally with vacant possession, or it's needed for the landlord's employees as stated in the agreement — per Tenancy Services. For a fixed term, notice not to continue must land in the window from 90 to 21 days before expiry.

 

What happens if a tenant refuses to leave after the notice period ends? The landlord applies to the Tenancy Tribunal for termination and a possession order. If the tenant ignores the order, the landlord files with the Ministry of Justice — within 3 months, with a sealed copy of the order — and the possession order becomes an eviction warrant executed by a court bailiff. Waiting more than 90 days without acting means Tenancy Services treats a new periodic tenancy as having been granted.

 

Can I evict a flatmate in New Zealand? Not under tenancy law — Tenancy Services confirms flatmates aren't covered by the Residential Tenancies Act, so there are no statutory notice periods and the Tenancy Tribunal can't hear the dispute. The flat-sharing agreement governs, and unresolved disputes go to the Disputes Tribunal.

 

How much does it cost to apply to the Tenancy Tribunal? The application fee is $28, per Tenancy Services. If your application succeeds, the Tribunal can order the other party to repay the fee — but you must request that in your application.

 

What can a landlord do about a tenant who is always late with rent but never far behind? Use the section 55(1)(aa) route: after rent has gone unpaid for at least five working days on three separate occasions within 90 days — each backed by a compliant Notice of Overdue Rent — the landlord can apply to the Tribunal for termination, filing within 28 days of the third notice.

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This article is current as at 22 July 2026 and is based exclusively on official New Zealand government sources: Tenancy Services (MBIE), the Ministry of Justice, and the Residential Tenancies Act 1986 on legislation.govt.nz. It is general information, not legal advice.