Residential Tenancies Act Update

Posted on May 2, 2022 in Real Estate by

The NZ Property Investors Federation advised Landlords not to make any changes to their properties until after the election in case National is elected. Rental properties must have efficient drainage for the removal of storm water, surface water and ground water, including an appropriate outfall. The drainage system must include gutters, downpipes and drains for the removal of water from the roof. Rent properties in the Bay of Plenty region must have insulation with a minimum R-value rating of 2.9 in ceiling and 1.3 belowfloor. Landlords must keep records that demonstrate compliance with the Standards that apply to the tenancy.

Can a landlord cancel a tenancy agreement?

Ending a tenancy agreement early

A landlord can only end a tenancy before the fixed term is up if the tenant has breached the tenancy agreement. If this has happened then the landlord must make an application to a court for possession.

law provides that tenancy agreements cannot prohibit the assignment of a tenancy, this rule does not apply to tenancy agreements granted before the law comes into effect. Landlord records – Not providing a tenancy agreement in writing will be an unlawful act and landlords will need to retain and provide new types of information. Notice periods for tenants to terminate a periodic tenancy will also increase from 21 to 28 days’. If the owner of a property needs the residence for their principal residence or to be occupied by employees or contractors of landlord, a notice of 63 days is required. Landlords can’t advertise rental properties without mentioning the rental fee.

Tom Lawson

The new law will make landlords who fail ensure that their tenancy agreements contain all required information illegal. Exemplary damages may be available. Previously, periodic tenancies were able to be ended by the landlord at any time without the tenant being informed. This was with 90 days notice. Read more about click here for info here. Tenants will soon request to make minor changes to the property. Landlords should not decline to do so if it is minor. Tenants can request that the property be modified. Landlords cannot refuse the request, as long as it is not major. Landlords have 21 days to respond to such requests.

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Fixed-term tenancies will convert to periodic tenancies at the end of the term unless otherwise agreed. 90 days’ notice is required if the property is to be sold or if extensive alterations are to be carried out, or if the property is to be demolished. The amendments are broad and will affect both tenants and landlords.

Physical Assault

Any provision in a tenancy agreement that prohibits the tenant from assigning the tenancy will be of no effect. Landlords may no longer use no-cause terminations to discontinue periodic tenancy agreements. Landlords can’t refuse to make minor changes that tenants request. They must respond within 21 days.

How long does a landlord have to fix something NZ?

Both landlords and tenants can issue 14-day notice to remedy to fix damage. If a tenant or a landlord is required to fix something but doesn’t, the other party can issue them with a 14-day notice to remedy. This gives them 14 days to get the work done.