Legislation Updates

As of 30th January 2025, several significant amendments to New Zealand's Residential Tenancies Act have been enacted, impacting both landlords and tenants. These are quite extensive, so we want to share with you just some of the key amendments to be aware of. Your property manager has undergone training around these changes, and you are welcome to reach out to them if you have any queries. Otherwise, they will always guide you to act within the legislative parameters.

Termination of Tenancies - Effective 30 January 2025:

'No Cause' Terminations: Landlords can now end a periodic tenancy by providing 90 days' notice without specifying a reason.
Reduced Notice Periods: Landlords may terminate a periodic tenancy with 42 days' notice under specific circumstances, such as the owner or a family member requiring the property as their principal residence for at least 90 days.
Tenants can end a periodic tenancy with 21 days' notice, reduced from the previous 28 days.

Fixed-Term Tenancies: Landlords can now give notice to end a fixed-term tenancy at the end of its term without giving a specific reason for all tenancies that expire on or after 1st May.

Technical Amendments - Effective 20 March 2025:

Smoking Policies: Clauses in tenancy agreements banning indoor smoking are enforceable in the Tenancy Tribunal. However, tenants cannot be prevented from smoking outdoors or in any outbuildings intended solely for storage or parking, such as a garage.
Retaliatory Terminations: Tenants can apply to the Tenancy Tribunal to have a termination deemed retaliatory and unlawful if it follows the tenant exercising their rights. This now also applies if a landlord terminates a tenancy in response to any person or organisation exercising a legal power against them under the RTA or any other law.
Other Amendments: There are a large number of additional technical amendments to wording and clauses in the RTA. For further information, please contact your property manager.

Future Amendments - Effective date not yet set and these cannot be used until brought in by Order in Council:

Pets: Tenants will be permitted to keep a pet in their rental property if permitted by their tenancy agreement or with the landlord’s written consent. Landlords cannot withhold consent without reasonable grounds, of which a list of examples is expected to be provided, e.g., the property is not suitably fenced, body corporate rules prohibit pets, etc. Reasonable conditions can be set for a tenant to comply with, such as restraining the pet when the landlord lawfully enters the premises or requiring the carpets to be professionally cleaned at the end of the tenancy.
Pet Bond: Landlords will be able to require a "pet bond" of up to a maximum of two weeks' rent, in addition to the general bond. This bond is refundable if the tenant no longer has a pet.

These amendments aim to modernise tenancy laws, balancing the rights and responsibilities of both landlords and tenants. For comprehensive guidance, landlords are encouraged to consult the Ministry of Business, Innovation and Employment’s Tenancy Services website or contact their property manager.

tenancy.govt.nz