If you’re a Hibiscus Coast landlord wondering whether you need to give 90 days’ notice or 60 days’ notice to your tenant, the answer depends on what you’re trying to achieve, and getting it wrong can mean starting over. Notices are one of those parts of property management that look simple on paper but have a habit of tripping people up, especially with the rule changes that have rolled through over the past couple of years.
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The 90-day no-cause notice came back into effect in January 2025, and while that was welcome news for many landlords, it doesn’t mean you can fire off a notice whenever you feel like it. There are still rules around how you serve it, when it applies, and what counts as retaliatory. And if you’re thinking about a rent increase, that’s a different notice entirely, one that comes with its own 60-day clock and a strict once-every-12-months rhythm.
We’ve put this guide together to walk you through the three main notices landlords deal with, how to serve them properly, and the mistakes that can send you back to square one. No jargon, no scare tactics, just straightforward advice from a team that works with these rules every day.
The 90-Day No-Cause Notice: What It Is and When to Use It
The 90-day no-cause notice lets landlords end a periodic tenancy without giving a reason. It was restored on 30 January 2025 as part of the Residential Tenancies Amendment Act changes, and for many property owners it’s been a welcome return to flexibility. You don’t need to prove the tenant has done anything wrong. You don’t need to explain your plans for the property. You simply need to give the right amount of notice, in writing, and follow the rules around service.
But there’s a catch, and it’s an important one. The notice cannot be retaliatory. If your tenant has recently raised a genuine complaint about maintenance, issued a 14-day notice to remedy, or exercised another legal right under the Residential Tenancies Act, a 90-day notice served shortly afterwards can be challenged at the Tenancy Tribunal. The Tribunal has the power to cancel the notice if it finds you acted in bad faith, and that’s not a position any landlord wants to find themselves in. The key is timing and context. If you’ve been thinking about ending the tenancy for a while and have a legitimate reason, even if that reason is simply wanting a fresh start, you’re generally on solid ground. If the notice lands the week after a tenant asked for a long-overdue repair, you might have a problem.
The 90-day notice only applies to periodic tenancies. If your tenant is still within a fixed term, you’ll need to wait until the term expires and the tenancy rolls over into a periodic arrangement, unless your agreement contains a specific break clause. The clock starts ticking from the day the notice is served, not the day the tenant reads it, so make sure your dates are clear and accurate. A notice that specifies the wrong termination date can be thrown out entirely, and you’ll be back to day one.
When You Can Give 42 Days’ Notice Instead
Sometimes 90 days feels like a long wait, and the law recognises a handful of situations where a shorter notice period makes sense. If you need the property for yourself or an immediate family member to live in as their main residence, you can give 42 days’ written notice instead of 90. The same applies if the property is needed for an employee or contractor, or if you’ve sold the property under an unconditional agreement that requires vacant possession.
These are not no-cause notices. You must state the specific ground you’re relying on in the notice itself, and you need to be prepared to back it up with evidence if the tenant challenges it. For the owner-occupation ground, you or your family member must move in within 90 days of the tenancy ending and stay for at least 90 days. If the tenant suspects the property has been re-let to someone else at a higher rent a few weeks later, they can take the matter to the Tribunal, and the penalties aren’t worth the risk.
The 42-day clock runs from the date of service, just like the 90-day notice. If circumstances change, say the sale falls through or your family member’s plans shift, you should let the tenant know as soon as possible. You may need to withdraw the notice and, if the tenant agrees in writing, the tenancy can continue. If they’ve already made plans to move, you might find yourself with an empty property and no one to fill it, so think carefully before pulling the trigger on a 42-day notice unless you’re certain the grounds are solid.
The 60-Day Notice for Rent Increases
If you’re looking to adjust the rent, you’re dealing with a different notice entirely. Landlords must give at least 60 days’ written notice before a rent increase takes effect, and you can only increase the rent once every 12 months. That 12-month clock starts from the beginning of the tenancy or from the date of the last increase, whichever is more recent.
The notice needs to spell out the new rent amount and the date it kicks in. There’s no official form required for a rent increase notice, unlike termination notices, but putting it in writing is essential. A verbal conversation won’t cut it if the tenant later disputes the increase. Keep a copy for your records, and make sure the effective date is at least 60 days after you serve the notice.
For periodic tenancies, you can’t increase the rent within the first 12 months of the tenancy starting. If you’ve just taken on a new tenant at an agreed rate, you’ll need to wait a full year before asking for more. It’s also worth remembering that rent increases need to be within market rates. If a tenant believes the increase is substantially above what’s reasonable for similar properties in the area, they can challenge it at the Tribunal. On the Hibiscus Coast, where the rental market has its own rhythms, knowing what comparable properties are fetching is half the battle. A free rental appraisal can give you a clear picture of where your property sits before you commit to a figure.
How to Serve a Notice Correctly (So It Sticks)
You can have the right notice period, the right form, and the right reason, but if you don’t serve it properly, none of that matters. The Residential Tenancies Act sets out a few acceptable methods, and each one has its own rules around when the notice is considered served.
Handing the notice directly to the tenant or leaving it with an adult at the property counts as served immediately. If you post it through the letterbox or leave it in a visible place at the property, that also counts, and the clock starts that day. Email or text message only works if the tenant has provided an electronic address for service, so don’t assume a casual email chain is enough. If you’re posting the notice, it’s considered served on the fourth working day after you drop it in the mail, not the day it arrives. That’s an important distinction, because it affects your termination date.
Proof of service is your best friend if the matter ends up at the Tribunal. Take a photo of the notice at the property, note the date and time, or have someone witness the delivery. It might feel like overkill, but we’ve seen too many cases where a landlord’s word wasn’t enough. A little documentation now saves a lot of frustration later.
What Tenants Can Do When They Receive a 90-Day Notice
Receiving a 90-day notice doesn’t mean the tenant is stuck waiting out the full term. Tenants can give their own notice to leave earlier, they need to provide at least 21 days’ written notice if they find a new place and want to move before the 90 days are up. That flexibility works both ways, and it’s worth reminding tenants of this early in the process. Open communication often means a smoother handover and less stress for everyone involved.
Tenants can also challenge a notice if they believe it’s retaliatory. If they raised a maintenance issue, complained about the property’s condition, or exercised a legal right shortly before the notice arrived, they can apply to the Tenancy Tribunal to have it set aside. The Tribunal will look at the timing and the circumstances, and if it finds the landlord acted in bad faith, the notice is cancelled. That doesn’t mean every notice served after a maintenance request is invalid, but it does mean you should be thoughtful about the sequence of events.
While the tenancy is still running, tenants remain responsible for rent and for looking after the property. The notice doesn’t change their obligations, and it doesn’t change yours either. You still need to maintain the property, respect their privacy, and follow the proper processes right up until the day they hand back the keys.
Special Situations: Family Violence, Assault, and Anti-Social Behaviour
A few situations sit outside the standard notice framework, and they’re worth knowing about even if you hope you’ll never need them. Tenants experiencing family violence can end a tenancy with just two days’ written notice, provided they supply qualifying evidence. This applies to both fixed-term and periodic tenancies, and it’s designed to give people a safe exit when they need it most. As a landlord, you don’t get a say in whether the notice is valid, if the evidence meets the legal threshold, the tenancy ends.
On the other side of the equation, if a tenant physically assaults you, a family member, or your agent, and the Police have filed a charge, you can give 14 days’ notice to terminate. This is a serious step and one that requires the charge to be filed, not just an allegation. It’s not a shortcut around the standard notice periods, it’s a specific provision for extreme circumstances.
Anti-social behaviour and repeated rent arrears have their own pathways. Three separate instances of anti-social behaviour within a 90-day period, or three occasions where rent is at least five working days overdue within 90 days, allow you to apply to the Tenancy Tribunal for a termination order. These aren’t automatic, the Tribunal makes the call, and you’ll need to show you’ve documented everything clearly. If you’re dealing with any of these situations, getting professional advice before you act is the smartest move you can make.
Common Mistakes That Invalidate a Notice
Even experienced landlords slip up on notices from time to time. The most common mistake we see is using the wrong notice period. A 42-day notice without a valid ground is just a piece of paper, and the tenant can ignore it. Similarly, serving a 90-day notice during a fixed term, unless your tenancy agreement specifically allows for it, won’t hold up.
Dating errors are another trap. If your notice doesn’t specify the correct termination date, or if the date doesn’t line up with the required notice period, the notice can be declared invalid. Always double-check your maths and, if you’re unsure, add a day or two rather than cutting it fine.
Retaliatory notices don’t have to be intentional to cause problems. If a tenant can show a pattern that suggests the notice was prompted by them asserting their rights, the Tribunal may side with them regardless of what you intended. Keeping good records of your communications and decisions throughout the tenancy helps protect you if questions arise later. And finally, failing to keep a copy of the notice or proof of service is a headache waiting to happen. If the tenant says they never received it, you’ll want something to point to.
How Easylets Can Help You Get It Right
Notices might seem straightforward, but as you’ve probably gathered, there are plenty of places where things can go sideways. We handle notice preparation and service as part of our full property management service, so you’re never left second-guessing the rules or wondering whether your dates are correct. From the 2025 amendments to the Bond Hub transition in June 2026, we stay across every law change so you don’t have to.
For landlords who prefer to self-manage but want support with the trickier parts, our Tenant Finder Service includes tenancy agreement support and bond lodgement, helping you start every tenancy on a compliant footing. And because we’re based right here on the Hibiscus Coast, we understand the local rental market and what’s reasonable in practice, not just what the textbook says. If you’re curious about whether we’re the right fit, our first four weeks of management are free when you sign up, a no-pressure way to see how we work and whether the partnership makes sense for you.
Frequently Asked Questions
Can a tenant challenge a 90-day notice? Yes, if they believe it’s retaliatory or improperly served. The Tenancy Tribunal can cancel the notice if it finds the landlord acted in bad faith or didn’t follow the correct process.
What happens if the tenant refuses to leave after 90 days? You can apply to the Tenancy Tribunal for a possession order. This isn’t something you can handle yourself, you’ll need the Tribunal’s backing to enforce the eviction.
Can I give a 90-day notice during a fixed term? No. The 90-day no-cause notice only applies to periodic tenancies. You’ll need to wait until the fixed term expires and the tenancy becomes periodic, unless your agreement includes a specific break clause.
Do I need a lawyer to serve a notice? Not necessarily. Tenancy Services provides templates for 90-day and 42-day notices that help you avoid common errors. That said, if your situation is complex or you’re unsure about the grounds, getting advice is a wise investment.
What if I change my mind after serving notice? You can withdraw the notice if the tenant agrees in writing. If they’ve already made plans to move, they’re not obligated to stay, so it’s worth having the conversation as early as possible.