Tenancy law changes
Find out about tenancy law changes and how they affect you.
Residential Tenancies Amendment Act 2024
The Residential Tenancies Act 1986 (the Act) sets out the rights and responsibilities of landlords and tenants. Changes to the the Act have been introduced through the Residential Tenancies Amendment Act 2024 that was passed on 17 December 2024.
Enabling online bond lodgement
Changes that relate to bond lodgements take effect immediately.
Signatures are no longer required when lodging or topping up a bond. We will continue to verify refunds and other transactions.
This change relates to how we are modernising the tenancy bond service. Bonds now need to be lodged and paid online, and you will no longer need to complete and upload a PDF lodgement form. Manual lodgements via email and post are no longer available.
Tenancy terminations
These provisions take effect on 30 January 2025.
Periodic tenancies
Landlords can terminate a periodic tenancy with ‘no cause’ by providing 90 days' notice.
Landlords can end a periodic tenancy with 42 days’ notice if:
- the owner requires the premises for their principal place of residence or for one of their family members within 90 days of the tenancy ending and will remain living in the home for at least 90 days
- there is an unconditional agreement for the sale of the premises that requires vacant possession
- the property is required for occupation by employees or contractors of the landlord or by contractors. The property must usually be used or obtained for this purpose and this must be stated in the current tenancy agreement.
Tenants can end their periodic tenancy with 21 days’ notice.
Note: If a termination notice was issued prior to the commencement date by either the landlord or tenant, that notice remains valid and cannot be replaced with a different notice period by that party.
For example, if a landlord has already given 63 days’ notice to end the tenancy on or before 29 January 2025, the landlord cannot change the notice period to 42 days on or after 30 January 2025.
Landlords cannot give notice to end a periodic tenancy in retaliation to the tenants exercising one of their rights. Doing so means the notice may be set aside and exemplary damages can be awarded against the landlord. Changes coming into effect on 30 January 2025 clarify that this also applies when Tenancy Services takes action and extends the time frame to 12 months for exemplary damages to be sought.
Fixed term tenancies
It will be easier to have fixed term tenancies end on their expiry date. You still need to take action if you want the tenancy to end.
Fixed-term tenancies automatically become periodic tenancies unless:
- a landlord or tenant gives notice to end a fixed-term tenancy between 90 and 21 days before the fixed term ends. No specific reason is required; or
- both tenant and landlord agree on an alternative.
If a tenancy started on or after 11 February 2021 and expires on or before 30 April 2025, the law before these changes will still apply. For fixed term tenancies that expire on or after 1 May 2025, the new law will apply.
Clarifying the retaliatory termination provision
If a landlord terminates the tenancy due to a tenant exercising their rights, the tenant can apply to the Tenancy Tribunal to have the termination confirmed as retaliatory and declared an unlawful act.
For example, tenant requests maintenance and the landlord issues a termination notice instead of carrying out the maintenance work.
This provision could also apply to any situation where a landlord terminates a tenancy in response to any person or organisation exercising a legal power against them under the Residential Tenancies Act 1986 or any other law.
For example, if the termination notice is given because the Tenancy Services Compliance and Investigations Team has become involved.
Tenants must apply to the Tenancy Tribunal within 12 months of the notice being issued. If they apply within 28 working days of the notice being issued, then they can also request that the notice be cancelled.
Technical changes to the Residential Tenancies Act 1986
These changes will take effect on 20 March 2025.
Modernising how notices and documents are given
Landlords and tenants can give notices and documents by an electronic address if it has been provided as an address for service in the tenancy agreement. A physical address for service will still need to be provided.
An electronic address is an email address, fax number, mobile telephone number, or instant messaging account through which information can be easily accessed and referred to.
Smoking
The changes clarify that clauses in a tenancy agreement banning smoking (of smoked tobacco products) indoors, except for in outbuildings, are enforceable in the Tenancy Tribunal.
If a landlord wishes to ban smoking anywhere else on the property (including outbuildings), they need to make sure the ban is consistent with parties' other rights and responsibilities under the Residential Tenancies Act. For example, the tenants right to quiet enjoyment.
Allowing the use of an email address as an address for service
If an email address was included as an address for service in a tenancy agreement it can be used for up to 2 years after the tenancy ends. In addition, if an email address is supplied to the landlord in writing or used by the tenant to communicate with the landlord, that email address can be provided as an address for service by the landlord in a Tenancy Tribunal application for up to 2 years, including where the tenancy ended more than 2 years ago.
Enabling the Tenancy Tribunal to decide matters without holding a hearing
If deemed appropriate after considering the application, the Tenancy Tribunal adjudicator can decide to conduct the proceeding based on the application and supporting documents without the need for parties to attend the hearing but will take into account the parties’ views.
The Tribunal must not decide on a matter based on the papers if the matter involves the termination of a tenancy, or a landlord’s right of entry to the premises or a boarding room.
Withdrawing from a tenancy due to family violence
The changes clarify that a tenant’s children or dependants are also covered by this provision.
If a tenant or their child/dependant experiences family violence during a tenancy, they can withdraw from the tenancy by giving at least 2 days’ notice (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord.
Service tenancies managed by the Ministry of Education on Crown land
The definition of a service tenancy includes any tenancy granted by the Crown as an incident of a contract of service or a contract for services between a school board and an employee or contractor of the school board.
Confirmation of the jurisdictional limit for the Tenancy Tribunal
If the Tenancy Services Compliance and Investigations team makes an application to the Tenancy Tribunal against a landlord for more than 1 tenancy, the $100,000 threshold applies to each one of the tenancies, not for 1 application.
Pet consent rules, pet bonds and pet damage liability provisions
These provisions will take effect on a date to be set by Order in Council and cannot be used until that date. This means that charging a pet bond is currently prohibited
Once the provisions come into effect:
- Tenants will only be able to keep a pet in their rental property if their tenancy agreement allows it or with written consent from their landlord
- Landlords will only be able to refuse a tenant's request to keep a pet in the property on reasonable grounds
- Tenants will be fully responsible for pet-related damage that is more than fair wear and tear
- Pet bonds may be required by landlords of no more than 2 weeks’ worth of rent (in addition to the general bond)
- If a landlord consents to allowing pets, then a reasonable condition may be to require a pet bond from the tenant.
Existing tenancy agreements
This guidance only applies to tenancies that start on or after the date these provisions take effect. These changes do not impact any pets that are already kept in a rental property before the changes take effect that were agreed to by the landlord or were not prohibited in the tenancy agreement.
Additional information
- Disability assist dogs are excluded from the pet consent and pet bond regime, so permission is not needed and a pet bond cannot be charged for these dogs.
- Tenancy agreements will need to specify which type of bond (pet or general) as well as how much, if any, is asked for as security for general bonds and pet bonds.
- If a pet passes away, the bond must be refunded. If the tenant wants a new pet, a pet bond can be charged again.
- Rent increases or decreases also apply to pet bonds. For example, if rent goes up $10 a week and a 2-week pet bond is charged, $20 can be required to be added as a top up to the pet bond (the same as general bond).
- The Tribunal will be able to order either bond be used to offset costs when the amount exceeds the general bond that would apply.
Further guidance on pet bonds and consents will be made available to support compliance with pet-related rights and responsibilities at the time the pet provisions are due to commence.
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