RESIDENTIAL TENANCIES AMENDMENT ACT 2024
The Residential Tenancies Amendment Act 2024 introduced a range of changes affecting both landlords and tenants. These updates impact several key areas of tenancy law, with some applying to all tenancies and others applying only to new agreements. The following section outlines the main changes and what they mean for your responsibilities as a landlord.
BOND LODGEMENTS
• All bonds must now be lodged online via tenancy. govt. nz. Paper forms and email lodgements are no longer accepted. Signatures are not required for lodging or topping up a bond.
RETALIATORY NOTICES
• The Tenancy Tribunal can void tenancy termination notices issued in response to lawful tenant complaints or the exercising their rights( e. g. requests for maintenance, healthy homes compliance, or minor alterations).
• Tenants have 28 working days to apply to the Tribunal, and proven retaliation may result in landlord penalties of up to $ 6,500.
TERMINATION NOTICES
Changes to tenancy termination laws came into effect on 30 January 2025, and apply to both new and existing tenancies:
PERIODIC TENANCIES
• 90 days’ notice: Landlords can terminate a periodic tenancy without providing a specific reason.
• 42 days’ notice: Specific grounds apply, such as:
• The owner or their family will use the property as their primary residence( moving in within 90 days of tenancy expiry and staying for at least 90 days).
• The property is sold, and vacant possession is required.
• A landlord’ s employee or contractor is moving in( must be included in the tenancy agreement).
• Tenant notice: Tenants can end a periodic tenancy with 21 days’ notice.
FIXED-TERM TENANCIES
• End of term termination: Either party can end the tenancy by giving between 90-21 days’ notice before the tenancy expiry date. No reason required.
• Automatic rollovers: If no notice is given, the tenancy becomes periodic. Once converted, periodic tenancy termination rules apply.
ELECTRONIC ADDRESSES
• Notices can be sent by email or other electronic address( e. g. messenger platform) if it is listed in the tenancy agreement. A physical address is still required. Electronic addresses remain valid for Tenancy Tribunal purposes for two years after their last use.
SMOKING
• Landlords can ban smoking inside the rental property with a clause in the Tenancy Agreement( excluding outbuildings). Outdoor smoking cannot be prohibited as tenants retain their rights to quiet enjoyment.
TRIBUNAL DECISIONS WITHOUT A HEARING
• Adjudicators can decide on Tribunal cases based on the provided documentation alone and without an in-person hearing, except for matters involving tenancy termination or landlord entry.
FAMILY VIOLENCE WITHDRAWALS
• Tenants can end fixed or periodic tenancies without penalty if they or their dependents experience family violence. This requires two days’ notice and evidence of what has occurred( e. g. protection order).
TRIBUNAL JURISDICTION
• When a landlord is taken to the Tribunal for multiple tenancies, each will be treated as a separate case with a $ 100,000 cap per tenancy, allowing for larger penalties across multi-property portfolios.
18 LANDLORD INFORMATION GUIDE