With the spread of Omicron in New Zealand and many households having to self-isolate for sometimes extended periods of time, the ability to move house can be impacted.

Regardless of whether a tenant has given notice, or the landlord has terminated a tenancy, if a tenant or a member of their household has tested positive for COVID-19 and the Government health order states that the tenant, or a member of their household, must self-isolate, then the health order will override any termination notices and the tenant can stay at the property until their self-isolation period ends. The tenant will be required to pay rent for any period that they occupy the property.

This can however prove to be problematic if there is an ingoing tenant or an owner or purchaser scheduled to move into the property.

Landlords should communicate with all parties and work on a solution that allows the current tenant to complete their self-isolation requirements. For the ingoing occupant, they will need to make alternative arrangements until the tenant can safely vacate the property.

To reduce some of the risk during this peak Omicron period, Harcourts recommends that landlords leave more time in between tenancies and ensure that ingoing occupants are aware of the potential risk in the current environment.