Making minor changes
Tenants can request to make a change to a rental property and this request cannot be declined by the landlord if the change is minor . Landlords must respond to such requests for minor changes within 21-days .
Tenants are responsible for any costs associated with both the installation and reversal of any minor changes they request , and landlords can place reasonable conditions as to how changes are carried out .
Rental bidding
Landlords cannot advertise a property for rent without the rental price being clearly listed , and they cannot encourage or solicit higher rental bids or hold a rental ‘ auction ’. However , prospective tenants can still offer to pay more for a property if they choose to do so .
Assignment of a tenancy
Tenants can request to assign their tenancy to another party , and landlords must not unreasonably decline this request . Landlords must respond to any request for assignment within a reasonable timeframe .
Landlords retain their right to conduct necessary vetting and checks on proposed tenants and can decline this request if evidence can be shown that the tenant is not suitable .
Fibre broadband
Tenants can request to install fibre broadband at a rental property and landlords must agree , if it can be installed at no cost to the landlord . Tenants are responsible for any ongoing costs related to the fibre service .
Landlords can decline a fibre broadband request , however , only if specific exemptions apply e . g . the installation may breach Body Corporate rules , or risks compromising the weathertightness or character of the property .
Privacy and access to justice
Tenants or landlords can apply for a suppression order to remove names or any identifying details from being published in a Tenancy Tribunal decision , if their case is wholly or substantially successful . The Tribunal can also decide to suppress details if it is in the interests of the parties or the public interest to do so .
Landlord records
Landlords must provide a tenancy agreement in writing , and failure to do so can be classed as an unlawful act leading to the possibility of exemplary damages being awarded to the tenant .
Landlords have an obligation to provide records relating to healthy homes standards , upon request , and must now retain various records , and information relating to the property and the tenancy , for up to 12-months after the tenancy expires .
Enforcement of the Residential Tenancies Act
The Regulator ( the Ministry of Business , Innovation , and Employment ) will have new measures available to them for taking their own direct action against landlords who are not meeting their obligations .
This action can include seeking voluntary agreements with landlords to comply with the RTA , or improvement notices to correct a breach of the Act . Failure to comply with either can result in financial penalties for landlords .
Changes for Tenancy Tribunal jurisdiction
The jurisdiction and administrative powers of the Tenancy Tribunal jurisdiction are broadened under the new changes .
It can now hear cases and make awards of up to $ 100,000 , and new layers of penalties and fines are in place for landlords , or their associated parties , if they own six or more tenancies .
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