08/03/2025
CHANGES TO THE RESIDENTIAL TENANCIES ACT
The Residential Tenancies Amendment Act 2024 (“the Amending Act”) introduces significant changes to the existing Residential Tenancies Act 1986.
KEY CHANGES:
Changes to Termination Notice Period
The Act re-introduces landlord terminations for no reason with 90 days’ notice. Landlords are still required to provide a valid reason for terminating a tenancy for a shorter notice period of 42 days. Reasons for giving a shorter notice period include the need to move into the property themselves, substantial renovations, or sale of the property.
The changes to the termination period took effect on 30 January 2025.
Changes to Fixed Term Tenancies
Fixed term tenancies will now automatically become periodic tenancies unless:
* The landlord or tenant give notice to end a fixed term tenancy between 90 and 21 days before the fixed term tenancy ends.
* Both the landlord and tenant agree on an alternative to a periodic tenancy if there is more than 90 days before the expiry of the fixed term.
Note: For fixed term tenancies that started after 11 February 2021 and expire before 30 April 2025, the existing (ie. Pre Amendment Act) law still applies.
These changes took effect on 30 January 2025.
Pet Ownership
The Amending Act acknowledges the importance of pets to many tenants. Tenants may now make a written request to keep a pet. The landlord must respond within 21 days either granting consent and stating any conditions or refusing consent. However Landlords can no longer unreasonably refuse a tenant's request to keep a pet, provided that the tenant agrees to certain conditions to ensure the property is not damaged.
Reasonable grounds for a landlord to refuse consent include:
* The property is not suitable for a pet eg. It is a Unit Title, and the body corporate rules do not allow pets.
* A Council bylaw or resource consent prohibits pets.
* The pet in question is a dog that has been classified as menacing or dangerous under the Dog Control Act 1996.
* The likelihood that the pet will cause serious disruption to other persons in the neighbourhood
* The likelihood that the pet will cause damage to the premises
* If there is good reason to believe that the pet has attacked persons, livestock or other pets.
Tenants are liable for damage caused by pets that goes beyond ‘fair wear and tear.’
Provision is made for an additional 2 weeks’ Bonds where a tenant is keeping a pet to cover potential damage.
These changes come into effect on a date to be determined by cabinet.
Bond Lodgement
Signatures will no longer be needed when lodging or topping up a rental bond. Bonds will now have to be lodged and paid online. These changes came into effect on 17 December 2024.
Smoking
The Amending Act clarifies that bans on smoking indoors are enforceable. However, banning smoking in outdoor areas still needs to be consistent with quiet enjoyment of the tenanted
property (so this remains a ‘grey’ area). This change comes into effect on 20 March 2025.
Tenancy Tribunal Changes
The Amending Act modernises aspects of the Tenancy Tribunal’s procedures. For example, notice can now be given electronically. If an email address was given in the tenancy agreement it can be used for up to two years after the tenancy ends.
The Amending Act also gives the Tenancy Tribunal the ability to decide applications without a hearing. This means that the Tribunal may decide matters based on the application and supporting documents. However, a hearing must still be held to terminate a tenancy. These changes come into effect on 20 March 2025.
Disclaimer: The advice in this document is general only, for specific advice please contact us.
