Policy for Ending Tenancy – Customer-initiated
(POL-349)
Issue Date
September 2021
Approved by
General Manager, National
Services
Owner
National Services
Author
Operational Policy
1. Purpose
The purpose of this policy is to assist Kāinga Ora staff in providing a consistent approach in the
application of the 28 days’ notice period when a tenant would like to end their tenancy.
2. Scope
This policy applies to the right of Kāinga Ora under the Residential Tenancies Act (RTA) to enforce
the 28 days’ notice period.1
The policy specifically includes:
i.
Circumstances for when the 28 days’ notice period will be applied, during which period
the tenant will be required to continue paying rent
ii.
Guidelines around what criteria could result in consideration to waive or reduce the 28
days’ notice period
iii.
Delegations for waiving or reducing notice.
This policy does not apply in instances where a tenancy is abandoned, where there is non-
occupancy, where there is the death of the sole tenant or where the tenant is transferring to
another Kāinga Ora property.
1 Section 51 (2B) Residential Tenancies Act 1986, inserted by Residential Tenancies Amendment Act 2020 on 11 February 2021.
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3. Operating Principles
The operating principles from the Kāinga Ora - Homes and Communities Act 2019 that are most
likely to be relevant to this policy are the following:
supporting tenants to be well connected to their communities and to lead lives with dignity
and the greatest degree of independence possible and to sustain tenancies
being a fair and reasonable landlord, treating tenants and their neighbours with respect,
integrity and honesty.
Any actions taken under this policy should be taken in line with these operating principles.
Other operating principles may apply to this policy as the circumstances require.
4. Background
Kāinga Ora is committed to listening and seeking to understand the housing and support needs
of our customers.
We also want to empower our customers to increase their independence, meaning that they
have the skills, support and confidence to make decisions that give them more control of their
lives and wellbeing. This can help our customers to move towards an exit from public housing
into private rental or home ownership.
We are committed to ensuring that the voice of our customer is at the heart of our decision-
making. The guiding principles from our Customer Strategy should be considered in the
implementation of this policy. These include:
-
Adaptability: we will aim to accommodate our customers’ changing needs over the life
of their tenancy, including transferring customers to homes that better meet their
needs.
-
Trust: mutual trust and reciprocity is at the heart of our relationship with our customers,
we will value our customers’ contribution and knowledge.
-
Cultural respect: the values of people of all cultural and ethnic backgrounds will be
respected and we will work with our customers to gain mutual understanding and
outcomes.
5. Policy
When a tenant serves notice to end their tenancy agreement as set out in Section 51(2B) of the
RTA, Kāinga Ora has the right to enforce a 28 days’ notice period.
Understanding tenants’ reasoning for ending the tenancy
Where possible, the Housing Support Manager should attempt to collect and understand
information on the reasons why the tenant is vacating the premises and give due consideration
to these reasons. Kāinga Ora can use this information to understand if ending the tenancy is in
the tenant’s best interest and if there are other options available to meet the tenant’s needs
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and sustain the tenancy. For example, a tenant may seek to end a tenancy due to a
circumstance or situation that Kāinga Ora can influence and/or improve.
Application of a 28 days’ notice period
Where the tenant does not give the required 28 days’ notice, Kāinga Ora will be entitled to
charge the tenant rent for the full 28 days’ notice period.
When does the notice period end?
If
Then
A tenant provides verbal and/or written
Kāinga Ora will start the notice period from the
notice.
date of verbal notice, subject to receiving written
notice within 3 working days. If written notice is
received after 3 working days, the notice period
begins from the date the written notice is
received.
A tenant only provides verbal notice and
If the Housing Support Manager/Void Specialist
Kāinga Ora has been unsuccessful in
is confident that the tenant has vacated once the
receiving written notice from the tenant. 28 days have passed then the tenancy can be
ended with Team Leader Housing Support
approval.
The tenant vacates the property and
Kāinga Ora agree with the tenant to end the
returns the keys prior to the expiry of the tenancy at the date the keys are surrendered and
notice period.
will take possession from that date.
A tenant provides written notice to
Kāinga Ora can take action to check if the
terminate the tenancy but keys are not
property has been vacated because we hold a
returned at the end of the notice period.
written agreement with the tenant to end the
tenancy.
The Housing Support Manager/Void Specialist
will confirm the property has been vacated at
expiry of the notice period and end the tenancy.
A tenant provides written notice to
If the items are foodstuffs or other perishable
terminate the tenancy, has vacated the
goods, Kāinga Ora can dispose of them. If the
premises but has left belongings at the
items are not foodstuffs nor other perishable
property.
goods, Kāinga Ora will make all reasonable
efforts to contact the tenant and to agree with
the tenant on a period within which they will
collect the belongings.
The Housing Support Manager/Void Specialist
must deal with the belongings as per the T-237
Abandoned Goods Guidelines and RTA Section
62.
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Waiving or reducing the 28 days’ notice period
In order for Kāinga Ora to provide more comprehensive and empathetic tenancy management
that responds to our customers’ needs, we recognise that there are circumstances in which we
may need to consider a lesser notice period from the tenant.
The examples below provide guidance for cases where a lesser notice period may be
considered. Each situation should be assessed on a case-by-case basis, recognising the need for
our approach to be adaptable to customers’ needs:
The tenant is no longer able to care for themselves
The tenant is at significant and imminent risk of harm if they remain in their current
tenancy
The tenant puts others at significant and imminent risk of harm if they remain in their
current tenancy
The tenant considers that the property is uninhabitable for their needs
The tenant vacates the property and returns the keys prior to the expiry of the notice
period
Enforcing the notice period will have a significant negative impact on neighbours or
others in the community (for example through anti-social behaviour)
Enforcing the notice period significantly impacts the tenant’s wellbeing and dignity
Enforcing the notice period significantly impacts the tenant’s employment
circumstances and income
A new tenant is found for the property who can move in before the end of the notice
period and the current tenant wishes to vacate early.
A tenant in debt may be sufficient reason to waive or reduce the notice period. However this
can be considered with other extenuating factors at the discretion of the Team Leader Housing
Support and according to the Kāinga Ora Rent Debt Policy (to be published).
Delegations for waiving or reducing notice
The Team Leader Housing Support has discretion to waive the requirement for, or reduce the
28 days’ notice period in instances such as those listed in the criteria above.
6. Related policies, procedures, legislation and documents
Related Kāinga Ora documents:
He Toa Takitini – our Partnership and Engagement Framework
Customer Strategy
Sustaining Tenancies Policy
CT-POL-101 Family Violence Policy
Rent Debt policy
CT-749 Manage Tenant Vacating
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CT-FRM-101 Notice to end your tenancy agreement
CT-755 Manage vacant account
Open Term Services Agreement between the Ministry of Housing and Urban
Development and Housing NZ Corporation and Housing NZ, dated 30 Sept 2019.
Relevant legislation, regulations and standards:
Residential Tenancies Act 1986
7. Records
Retain all records within the Kāinga Ora records system - refer 'Records retention and disposal'
(R-105).
8. Review
This policy will be reviewed by the Operational Policy team on an as-needed basis. It will also be
reviewed in due course to reflect the approach established in under the Customer Programme.
9. Document Control
Date
Reviewed/Modified by
Comments/Descriptions of changes
July 2021
Operational Policy,
Updated to reflect operating principles.
Customer Programme,
Issues and Operations,
Legal
Details of previous versions of policies and procedures will be stored in the document
management system (Objective).
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