RESIDENTIAL TENANCIES AMENDMENT ACT 2020
The Residential Tenancies Amendment Act 2020 brought significant reforms to tenancy law, expanding tenant rights and increasing landlord responsibilities. The changes impact key areas such as rent increases, minor alterations, recordkeeping, and enforcement powers. Key points include:
RENT INCREASES
• Limited to once every 12 months
• Increases cannot occur within 12 months of the tenancy start date or the last rent increase.
MINOR CHANGES
• Tenants can request to make minor alterations.( e. g., child locks, picture hooks, etc)
• Landlords must respond to any minor alteration requests within 21 days and cannot unreasonably decline the request
• Tenants are responsible for installation and removal costs. Landlords may impose reasonable conditions to any changes that occur( e. g. professional installation or reinstatement at the end of tenancy).
RENTAL BIDDING
• Bidding on rental properties is banned, and any advertising must display the rental price
• Landlords must not solicit bids or hold rental auctions
• Tenants may voluntarily offer more, but it cannot be encouraged.
ASSIGNMENT OF TENANCY
• Tenants can request to assign( transfer) their tenancy to another person.
• Landlords must respond in a reasonable timeframe and cannot unreasonably decline the request
• Standard vetting allowances remain in place to ensure tenant suitability.
FIBRE BROADBAND
• Tenants may request fibre broadband installation
• Landlords must approve if it is of no cost to them, unless legitimate exemptions apply( e. g. body corporate rules or weathertightness risk)
• Ongoing service costs are the tenant’ s responsibility.
PRIVACY AND ACCESS TO JUSTICE
• Name suppression orders can be granted for substantially successful parties at the Tenancy Tribunal
• The Tribunal can also suppress names without request if it is deemed to be in the public or parties’ interests.
LANDLORD RECORDKEEPING
• All tenancy agreements must be in writing
• Landlords must retain property and tenancyrelated recordkeeping for 12 months post-tenancy
• Compliance documentation for the Healthy Homes Standards( HHS) must be provided on request.
STRONGER ENFORCEMENT POWERS
• The Ministry of Business Innovation and Employment( MBIE) can issue improvement notices or voluntary compliance agreements
• Non-compliance may result in financial penalties.
EXPANDED TENANCY TRIBUNAL POWERS
• The Tenancy Tribunal can now hear claims of up to $ 100,000
• Higher penalties apply to landlords who own six or more properties, recognising them as professional operators.
FAMILY VIOLENCE PROVISIONS
• Victims may withdraw from a tenancy with two days’ notice with the provision of evidence of what has occurred( e. g., protection order)
• If co-tenants remain, they pay a proportionately reduced rent for two weeks, before it returns to its previous rate.
• Landlords may not penalise tenants for ending a tenancy in these circumstances.
PHYSICAL ASSAULT
• A 14-day termination notice can be issued if a tenant assaults the landlord or their agent, and police lay charges.
LANDLORD INFORMATION GUIDE 17