Five Day Notice Template for New Zealand

A Five Day Notice is a legally mandated document that serves as the first formal step when dealing with rent arrears in New Zealand's residential tenancy system. Under the Residential Tenancies Act 1986, you cannot proceed with tribunal applications for rent recovery without first serving this notice to your tenants. The notice provides tenants with exactly five working days to remedy their rent arrears before you can escalate the matter through legal channels.

When do you need this document?

You need a Five Day Notice when your tenant has fallen behind on rent payments and informal reminders have been unsuccessful. The notice is required regardless of how small or large the arrears amount is, and you must serve it before making any application to the Tenancy Tribunal. This document is also necessary if you're considering terminating the tenancy due to rent arrears, as it forms part of the mandatory notice sequence. Property managers acting on behalf of landlords must also follow this process when dealing with non-paying tenants.

Key legal considerations

The notice must contain specific mandatory information including the exact amount of rent owing, the rental periods the arrears relate to, and a clear statement giving the tenant five working days to pay. You must calculate the arrears accurately and ensure the notice period complies with the Act's requirements. The document should be professionally worded and avoid threatening language while clearly stating the consequences of non-payment. You should keep detailed records of service and any subsequent communications with the tenant, as these may be required if tribunal proceedings become necessary.

Legal requirements in New Zealand

Under the Residential Tenancies Act 1986, the Five Day Notice must be served according to specific legal requirements. You can serve the notice personally, by registered post, or by leaving it at the property in a secure and obvious place. The notice period begins the day after service, and you must count only working days (excluding weekends and public holidays). If the tenant pays the full amount within the five-day period, you cannot proceed with tribunal action for those particular arrears. The Privacy Act 2020 also requires you to handle tenant personal information responsibly when preparing and serving notices. Additionally, the Fair Trading Act 1986 prohibits misleading or deceptive conduct, so all information in your notice must be accurate and truthful.