TENANCY LAW CHANGES COMING

By Juli Anne Tolley,

Principal owner Quinovic Tauranga.

The New Zealand Government has introduced the Residential Tenancies Amendment Bill, aiming to address issues within the private rental market and amend the Residential Tenancies Act 1986. The Bill strives to balance tenant rights and landlord incentives with the goal of improving housing availability and conditions. The key changes and considerations are:

90-Day no-cause terminations: Reinstates landlords' ability to terminate periodic tenancies with a 90-day notice without giving a reason. Landlords can provide 42 days' notice for specific situations, such as selling the property or using it for personal or family use.

Notice Period Adjustments: Reduces the notice period tenants must give to end a periodic tenancy from 28 days to 21 days. Landlords can once again end fixed-term tenancies at the term's end without providing a reason.

Pet-Related Provisions: Introduces a pet bond, up to two weeks' rent, to cover potential damages caused by pets. Tenants are responsible for all pet-related damages beyond fair wear and tear. Further, landlords cannot prohibit pets without reasonable grounds and must respond to pet requests within 21 days.

Smoking Provisions: Clarifies that tenancy agreements can prohibit indoor smoking but cannot restrict smoking in certain outdoor areas.

Family Violence Provisions: Enables tenants to use family violence withdrawal provisions for themselves or their dependents.

Tenancy Tribunal Changes: Facilitates decisions on some matters without the need for oral hearings, except for termination and landlord entry cases.

The Bill has passed its first reading and is open for submissions. You can read the Bill, follow its progress, and contribute a submission here: https://bills.parliament.nz/v/6/8e66da7e-7337-4c58-1394-08dc75512299?Tab=history