Thursday, October 7, 2010

Residential Tenancies Act Amendments

The Residential Tenancies Act has been amended and takes effect from Friday 1st October (i.e. today!).  This has some very important consequences for landlords and tenants.  Amongst those changes are these:

  • Landlords out of New Zealand for more than 21 days must appoint an agent.
  • Fixed term lease renewals must be confirmed 21 days BEFORE the tenancy ends (changed from within 90 days after the lease expires).
  • Property managers are now able to charge tenants a letting fee (previously only real estate agents could).  Private landlords still mustn’t charge a letting fee.
  • Body Corporate rules must be provided with tenancy agreements, but any changes to those rules which adversely affect the tenancy may result in the tenancy term, or rent, being reduced.
  • Boarding houses are now governed by the Act.
  • Failure of the landlord to repair or properly maintain the property is an unlawful act.

The law now has more teeth to enforce breaches by tenants, such as interfering with the means to escape a fire, abandoning the property, subletting without consent, overcrowding, failure to quit the property, and threats to other people such as the landlord, agent, or neighbour.  All of these things now attract exemplary damages.


It is vital landlords know what the changes are and how it will affect their tenancies.  If you don’t know, get help from someone who does.

No comments:

Post a Comment