Residential Tenancies Act 1986

1: Short Title and commencement
1: This Act may be cited as the Residential Tenancies Act 1986.
2: This Act shall come into force on 1 February 1987.
2: Interpretation
1: In this Act, unless the context otherwise requires,— accommodation broker letting agent
a: of residential premises that are or may be available for letting; or
b: of the names, addresses, or telephone numbers of persons who are or may be the proprietors or occupiers of residential premises that are or may be available for letting; or
c: of the names, addresses, or telephone numbers of persons who wish or may wish to become tenants of residential premises address for service section 13AB adult or in a civil union agent application
a: an application made jointly by the landlord and the tenant of any premises; and
b: any complaint by the landlord against the tenant or by the tenant against the landlord; and
c: any claim by the landlord against the tenant or by the tenant against the landlord:
d: any complaint by the chief executive
e: any other application that may be made to the Tribunal by virtue of any of the provisions of this Act or of any regulations made under this Act approved form assignment associated person A B boarding house boarding house tenancy boarding house tenancy agreement boarding room section 66B bond chief executive commercial premises contact address
a: in relation to a landlord, means an address or addresses (which may include telephone numbers) where the landlord or the landlord's agent is reasonably contactable by the tenant; and in addition
b: in relation to a landlord that is a company, includes (if the information is different from that given under paragraph (a))—
i: the full name of the officer responsible to the company for the administration of the tenancy; and
ii: an address or addresses (which may include telephone numbers) where that officer or the landlord's agent is reasonably contactable by the tenant; and
iii: the address of the company's registered office contaminant
a: methamphetamine:
b: any substance prescribed, or within a class of substance prescribed, as being a contaminant for the purposes of this Act contaminated department Deputy Principal Tenancy Adjudicator section 67(2A) dispute ethical belief facilities (other than a boarding house tenancy agreement), includes all facilities provided by the landlord for the non-exclusive
a: any land or buildings intended for use for storage space or for the parking of motor vehicles:
b: laundry facilities:
c: cooking facilities:
d: lifts and stairways:
e: rubbish storage and rubbish disposal facilities:
f: toilet and washing facilities:
g: appliances for heating or cooling premises:
h: communication facilities:
i: recreational areas:
j: lawns, gardens, and outhouses fixed-term tenancy section 58(1) 58A the Fund section 127 goods guarantor guarantee healthy homes standards section 138B(1) infringement fee section 126A infringement offence section 126A key money reimbursement of expenses, administration charges, landlord
a: a prospective landlord; and
b: a former landlord; and
c: a lawful successor in title of a landlord to the premises; and
d: the personal representative of a deceased landlord; and
e: an agent of a landlord letting agent letting fee
a: means any fee or charge (however described) in respect of services rendered by the letting agent or any other person that relate to—
i: the grant, continuance, extension, variation, or renewal of any tenancy agreement; or
ii: the assignment of a tenant’s interest under any tenancy agreement; or
iii: the subletting of the whole or any part of the premises by a tenant; but
b: does not include any expenses recoverable under section 44(5) member of the landlord’s or owner’s family
a: any person who is or has been related to the landlord or owner—
i: by blood; or
ii: by or through marriage, a civil union, or a de facto relationship; or
iii: by adoption:
b: any other person who is a member of the landlord’s or owner’s whānau or other culturally recognised family group:
c: any child who is being, or is to be, cared for on a continuous basis by—
i: the landlord or owner; or
ii: the landlord’s or owner’s spouse, civil union partner, or de facto partner methamphetamine Schedule 1 Minister minor minor change section 42B(2) officer of the Tribunal order periodic tenancy possession order section 64 , 65 66Y premises includes (other than in relation to a boarding house tenancy, in which case the definition in section 66B
a: any part of any premises; and
b: any land and appurtenances, other than facilities; and
c: any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land prescribed Principal Tenancy Adjudicator section 67(2)﻿(a) prospective landlord prospective tenant Registrar section 72(1) section 72(2) rent residential premises section 78A work order section 78A service tenancy
a: any tenancy of that kind granted under or in accordance with any enactment; and
b: any tenancy of that kind granted by a company to an employee or contractor of an associated company (within the meaning of subsection (2)); and
c: any tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971 tenancy tenancy agreement Tenancy Mediator section 76 tenant
a: a prospective tenant; and
b: a former tenant; and
c: a lawful successor in title of a tenant to the premises; and
d: the personal representative of a deceased tenant; and
e: an agent of a tenant Tribunal section 67 unlawful act unlawful residential premises section 78A(2) witness summons section 98 work order
a: means an order by the Tribunal to carry out any repairs to any premises or to any chattels, or to rectify any deficiency in the performance of any services, by doing such work or attending to such matters (including the replacement of chattels) as may be specified in the order; and
b: includes (without limiting paragraph (a)) an order by the Tribunal requiring—
i: a party to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with any requirement in respect of smoke alarms imposed on the party by regulations made under section 138A
ii: the landlord to carry out any work, or to attend to any matters, as specified in the order for the purpose of complying with the healthy homes standards ; and
c: if section 78A see also section 78A(4)﻿(b) working day
a: a Saturday, a Sunday, Waitangi Day, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day,
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: the day observed in the appropriate area as the anniversary of the province of which the area forms part; and
d: a day in the period commencing with Good Friday and expiring with the Tuesday after Easter; and
e: a day in the period commencing with 24 December and expiring with 3 January.
2: For the purposes of paragraph (b) of the definition of the term service tenancy in subsection (1), 2 companies are associated if one is the wholly or partly owned subsidiary of the other.
2A: For the purposes of this Act, one person ( A associated B
a: in the case where both A and B are individuals, if A is the spouse, civil union partner, or de facto partner of B:
b: in the case where B is a company, if A is a director or an officer of B, or is associated (within the meaning of paragraph (a)
c: in the case where A is a company, if B is a director or an officer of A, or is associated (within the meaning of paragraph (a)
d: in the case where both A and B are companies,—
i: if A is a holding company or subsidiary of B within the meaning of section 5
ii: if A owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of B; or
iii: if B owns or controls shares that in aggregate carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of A; or
iv: if A and B have the same holding company within the meaning of section 5
v: if a third person owns or controls shares in each of them that carry the right to exercise or control the exercise of 20% or more of the voting power at meetings of each of them.
2B: For the purposes of any provision of this Act that applies to landlords that have 6 or more tenancies, a person who is a landlord ( A
2C: For the purposes of determining, under subsection (2B) subsection (2D)
2D: Subsection (2C) section 66B Example
A, a landlord, has 4 tenancies. Two of the tenancies relate to a house in which the tenants have exclusive rights to occupy their respective sleeping quarters while sharing some facilities (that is, the premises would be a boarding house except that the premises are not occupied, or intended by the landlord to be occupied, by at least 6 tenants). Under subsection (2C) A’s spouse, B, is also a landlord and has 4 tenancies. Under subsection (2B) As a consequence, A is treated as having 7 tenancies for the purposes of any provision of this Act that applies to landlords that have 6 or more tenancies. If A commits an infringement offence in relation to one of A’s tenancies, A is liable to the fine or the infringement fee that applies to landlords who have 6 or more tenancies.
3: For the purposes of this Act, where any premises that are subject to a legal or an equitable lease are used for both commercial and residential purposes, the premises shall be deemed to be residential premises unless it is proved that the premises were let principally for purposes other than residential purposes. 1952 No 51 s 104A 1955 No 50 s 2 1973 No 26 s 2 1975 No 36 s 4 Residential Tenancies Act 1978–1981 s 5 (SA) Section 2(1) accommodation broker amended 1 October 2010 section 4(5) Residential Tenancies Amendment Act 2010 Section 2(1) address for service replaced 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) adult amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) application amended 18 August 1992 section 2(1) Residential Tenancies Amendment Act 1992 Section 2(1) approved form inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) assignment inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) associated person inserted 11 February 2021 section 4(1) Residential Tenancies Amendment Act 2020 Section 2(1) bailiff repealed 1 October 2010 section 4(4) Residential Tenancies Amendment Act 2010 Section 2(1) boarding house boarding house tenancy boarding house tenancy agreement boarding room inserted 1 October 2010 section 4(2) Residential Tenancies Amendment Act 2010 Section 2(1) chief executive replaced 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) contact address inserted 1 May 1996 section 2(2) Residential Tenancies Amendment Act 1996 Section 2(1) contaminant inserted 27 August 2019 section 26(1) Residential Tenancies Amendment Act 2019 Section 2(1) contaminated inserted 30 January 2021 section 26(2) Residential Tenancies Amendment Act 2019 Section 2(1) corporation repealed 18 August 1992 section 2(3) Residential Tenancies Amendment Act 1992 Section 2(1) department inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) Deputy Principal Tenancy Adjudicator amended 1 May 1996 section 2(3) Residential Tenancies Amendment Act 1996 Section 2(1) Director-General repealed 18 August 1992 section 2(3) Residential Tenancies Amendment Act 1992 Section 2(1) dispute inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) ethnic or national origins repealed 1 October 2010 section 4(4) Residential Tenancies Amendment Act 2010 Section 2(1) facilities amended 1 October 2010 section 4(6) Residential Tenancies Amendment Act 2010 Section 2(1) fixed-term tenancy amended 31 March 2023 section 225 Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 Section 2(1) fixed-term tenancy amended 11 February 2021 section 4(2) Residential Tenancies Amendment Act 2020 Section 2(1) guarantor inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) healthy homes standards inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 2(1) income-related rent tenancy repealed 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 2(1) infringement fee inserted 11 February 2021 section 4(1) Residential Tenancies Amendment Act 2020 Section 2(1) infringement offence inserted 11 February 2021 section 4(1) Residential Tenancies Amendment Act 2020 Section 2(1) key money amended 1 May 1996 section 2(4) Residential Tenancies Amendment Act 1996 Section 2(1) letting agent inserted 1 October 2010 section 4(1) Residential Tenancies Amendment Act 2010 Section 2(1) letting fee inserted 12 December 2018 section 4 Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 Section 2(1) member of the landlord’s family repealed 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) member of the landlord’s or owner’s family replaced 11 February 2021 section 4(3) Residential Tenancies Amendment Act 2020 Section 2(1) methamphetamine inserted 27 August 2019 section 26(1) Residential Tenancies Amendment Act 2019 Section 2(1) Minister replaced 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) Ministry repealed 1 October 2010 section 4(4) Residential Tenancies Amendment Act 2010 Section 2(1) minor change inserted 11 February 2021 section 4(1) Residential Tenancies Amendment Act 2020 Section 2(1) New Zealand Standard repealed 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 2(1) officer of the Tribunal replaced 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) possession order amended 1 October 2010 section 4(8) Residential Tenancies Amendment Act 2010 Section 2(1) premises amended 1 October 2010 section 4(9) Residential Tenancies Amendment Act 2010 Section 2(1) protected tenancy repealed 1 May 1996 section 2(5) Residential Tenancies Amendment Act 1996 Section 2(1) Registrar replaced 12 December 2012 section 4 Residential Tenancies Amendment Act 2012 Section 2(1) residential premises replaced 27 August 2019 section 4(2) Residential Tenancies Amendment Act 2019 Section 2(1) section 78A work order inserted 27 August 2019 section 4(1) Residential Tenancies Amendment Act 2019 Section 2(1) service tenancy replaced 1 October 2010 section 4(3) Residential Tenancies Amendment Act 2010 Section 2(1) Tenancy Mediator amended 1 May 1996 section 2(6) Residential Tenancies Amendment Act 1996 Section 2(1) Tenancy Officer repealed 1 October 2010 section 4(4) Residential Tenancies Amendment Act 2010 Section 2(1) unlawful residential premises inserted 27 August 2019 section 4(1) Residential Tenancies Amendment Act 2019 Section 2(1) work order replaced 1 July 2016 section 4(3) Residential Tenancies Amendment Act 2016 Section 2(1) work order replaced 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 2(1) work order amended 27 August 2019 section 4(3) Residential Tenancies Amendment Act 2019 Section 2(1) work order inserted 27 August 2019 section 4(4) Residential Tenancies Amendment Act 2019 Section 2(1) working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) working day amended 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(2A) inserted 11 February 2021 section 4(4) Residential Tenancies Amendment Act 2020 Section 2(2B) inserted 11 February 2021 section 4(4) Residential Tenancies Amendment Act 2020 Section 2(2C) inserted 11 February 2021 section 4(4) Residential Tenancies Amendment Act 2020 Section 2(2D) inserted 11 February 2021 section 4(4) Residential Tenancies Amendment Act 2020
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 3 June 2016 section 5 Residential Tenancies Amendment Act 2016
1: Application of Act
3: Act to bind the Crown
This Act shall bind the Crown. 1951 No 51 s 104B 1955 No 50 s 5 1973 No 26 s 3 1975 No 36 s 4
4: Act generally to apply to all residential tenancies
This Act applies to every tenancy for residential purposes except as specifically provided. Section 4 replaced 1 October 2010 section 5 Residential Tenancies Amendment Act 2010
5: Act excluded in certain cases
1: This Act shall not apply in the following cases:
a: where the premises are commercial premises:
b: where the whole or a substantial part of the tenant's income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes:
ba: where the premises are let for a fixed-term tenancy of at least 5 years , the tenancy was granted before the commencement, on 1 January 2008, of the Property Law Act 2007
c: where the premises constitute part of a Corrections prison or Police jail
d: where the premises constitute part of any hospital, home, or other institution for the care of sick, disabled, or aged persons:
e: where the premises constitute part of Police barracks, or Police cells and lock-ups:
f: where the premises constitute any barracks conducted by the Armed Forces for the accommodation of persons subject to the Armed Forces Discipline Act 1971
g: where the premises constitute any barracks or hostel conducted by an employer for the accommodation of employees of that employer or (where the employer is a company) for the accommodation of employees of any associated company (within the meaning of section 2(2)
h: where the premises are used to provide accommodation to students—
i: at a school hostel (being a hostel within the meaning of section 10(1)
ii: in accordance with the requirements of section 5B
i: where the premises constitute part of a building occupied by a club and used by the club for the provision of temporary or transient accommodation to members of the club:
j: where the premises constitute part of any hotel in respect of which an on-licence is in force under the Sale and Supply of Alcohol Act 2012
k: where the premises—
i: are intended to provide temporary or transient accommodation (such as that provided by hotels and motels), being accommodation that is ordinarily provided for periods of less than 28 days at a time; and
ii: are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement:
l: where the tenant occupies the premises under an occupation right agreement within the meaning of the Retirement Villages Act 2003
m: where the premises are let for the tenant's holiday purposes:
n: where the premises, not being a boarding house, continue to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family:
o: where the tenant is the purchaser of the premises under an agreement for sale and purchase with the landlord as vendor, not being an agreement that is revocable at will by the vendor:
p: where any of the tenants is also the landlord or one of the landlords by virtue of an arrangement of a kind commonly known as a cross-lease or lease-back arrangement:
q: where the tenant's interest in the premises is a stratum estate in leasehold under the Unit Titles Act 2010
r: where the tenancy arises wholly from or depends wholly upon the ownership by the tenant of any shares in a company that owns the premises:
s: where the tenancy agreement—
i: is genuinely entered into to enable a tenant (the sublandlord
A: other people for commercial gain; or
B: the sublandlord’s employees; or
C: persons on low incomes; or
D: persons with special housing needs; or
E: persons whose disabilities mean that they need support or supervision in their housing; and
ii: is not entered into to provide accommodation for the sublandlord or to evade this Act or any of its provisions; and
iii: expressly provides that the sublandlord will not personally occupy the premises:
t: where the premises comprise bare land (with or without facilities) on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter:
ta: where the tenant occupies, under a tenancy agreement, a cabin, caravan, vehicle, tent, or other building or structure that—
i: is located in a camping-ground subject to regulations under the Health Act 1956
ii: is intended for human habitation for periods not exceeding 50 days in any continuous term of occupancy:
tb: where temporary or transient accommodation is provided in a relocatable home under a tenancy agreement that has been entered into for the purpose of providing accommodation of that kind and that continues to be provided under the agreement:
u: if the tenancy has been entered into by a leasing authority under section 7(1)﻿(e), (f), (g), or (h)
v: if the Māori Trustee has leased a Māori reserve or township land under section 26
w: if the lease provides for a perpetual right of renewal:
x: if the lease is of land on which a dwellinghouse is erected and the lessee is entitled (whether beneficially or as trustee), on or before the termination of the tenancy, to remove the dwellinghouse or to receive compensation in respect of it:
y: if the premises are used to provide emergency or transitional accommodation and—
i: the provision of the accommodation is funded wholly or partly by—
A: emergency housing assistance paid to or for the credit of a person under the Special Needs Grants Programme; or
B: any other payment made by a government department for the provision of emergency or transitional accommodation to people in need of housing; or
ii: the provider of the accommodation is a person, or class of person, prescribed by regulations for the purposes of this paragraph.
2:
3: In subsection (1)﻿(tb), relocatable home
a: is located in a camping-ground subject to regulations under the Health Act 1956
b: is designed to be relocatable; and
c: comprises a group of rooms occupied or intended to be occupied either permanently or temporarily as the living quarters of a single housekeeping unit (whether consisting of 1 or more persons), which is completely self-contained in respect of domestic equipment and facilities.
4: In subsection (1)﻿(y), Special Needs Grants Programme section 124(1)﻿(d) clause 21 Residential Tenancies Act 1978–1981 s 7 (SA) Section 5(1)﻿(b) replaced 1 May 1996 section 3(1) Residential Tenancies Amendment Act 1996 Section 5(1)﻿(ba) inserted 1 December 1996 section 3(2) Residential Tenancies Amendment Act 1996 Section 5(1)﻿(ba) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(c) amended 1 June 2005 section 206 Corrections Act 2004 Section 5(1)﻿(h) replaced 1 October 2010 section 6(1) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(h)﻿(i) amended 1 August 2020 section 668 Education and Training Act 2020 Section 5(1)﻿(j) replaced 1 April 1990 section 230(1) Sale of Liquor Act 1989 Section 5(1)﻿(j) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 5(1)﻿(k) replaced 1 October 2010 section 6(2) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(l) replaced 1 October 2010 section 6(2) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(n) replaced 1 October 2010 section 6(3) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(q) amended 20 June 2011 section 233(1) Unit Titles Act 2010 Section 5(1)﻿(s) replaced 1 October 2010 section 6(4) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(s)﻿(i) replaced 11 February 2021 section 5(1) Residential Tenancies Amendment Act 2020 Section 5(1)﻿(t) amended 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(ta) inserted 1 October 2010 section 6(5) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(tb) inserted 1 October 2010 section 6(5) Residential Tenancies Amendment Act 2010 Section 5(1)﻿(u) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(v) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(w) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(x) inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 5(1)﻿(y) inserted 12 August 2020 section 5(2) Residential Tenancies Amendment Act 2020 Section 5(2) repealed 11 February 2021 section 5(3) Residential Tenancies Amendment Act 2020 Section 5(3) inserted 1 October 2010 section 6(6) Residential Tenancies Amendment Act 2010 Section 5(4) inserted 12 August 2020 section 5(4) Residential Tenancies Amendment Act 2020
5A: Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
1: This section applies to a fixed-term tenancy of at least 5 years, and to which this Act does not apply because the tenancy—
a: commenced before 1 December 1996 and is one to which section 6 section 4(1)
b: commenced on or after 1 December 1996 and before 1 January 2008 (which is the date on which the Property Law Act 2007 section 5(ba)
2: The tenancy—
a: remains subject to sections 104A 104B 107B 116A to 116M section 116B(2) Property Law Act 1952 specified sections of the 1952 Act Property Law Act 2007
b: is subject to subsections (3) to (6).
3: No covenant or agreement, whether entered into before or after the commencement, on 19 September 1975, of the Property Law Amendment Act 1975 1952 Act
4: Subsection (3) does not apply in respect of any lease of a dwellinghouse if the rent thereby reserved does not exceed 50% of the equitable rent of the dwellinghouse.
5: Subsection (6) applies to a person who makes an assertion, for the purposes of subsection (4), that the rent reserved by the lease of a dwellinghouse does not exceed 50% of the equitable rent of that dwellinghouse.
6: It is for the person to prove the assertion by showing that the rent does not exceed 50% of the equitable rent of the dwellinghouse within the preceding period of 12 months as determined by the District Court
a: on an application for the purpose by the person; and
b: applying section 8 of the Rent Appeal Act 1973 Section 5A inserted 1 January 2008 section 364(1) Property Law Act 2007 Section 5A(6) amended 1 March 2017 section 261 District Court Act 2016
5B: Exempt student accommodation
1: For the purposes of section 5(1)﻿(h)﻿(ii)
a: the premises are used to provide accommodation exclusively for students of 1 or more tertiary education providers; and
b: the premises are owned or operated by a person (an accommodation provider
i: a tertiary education provider; or
ii: a person who has entered into a written agreement of the kind described in subsection (5) with each tertiary education provider whose students are accommodated at the premises; and
c: the accommodation provider complies with subsections (2) to (4).
2: The accommodation provider must provide services to the students accommodated in the premises that are over and above the services that a landlord must provide under Part 2 2A
3: The accommodation provider must have in place house rules that aim to create an environment that fosters personal development and encourages a sense of community and association with fellow students.
4: The accommodation provider must take all reasonable steps to ensure that prospective and current student tenants are made aware of, and have access to copies of, the house rules.
5: An agreement referred to in subsection (1)﻿(b) is one that sets out—
a: the rights and obligations of the accommodation provider and the tertiary education provider; and
b: a dispute resolution process by which disputes between the accommodation provider and the tertiary education provider may be resolved.
6: In this section, tertiary education provider section 10(1) Section 5B inserted 1 October 2010 section 7 Residential Tenancies Amendment Act 2010 Section 5B(6) replaced 1 August 2020 section 668 Education and Training Act 2020
6: Long fixed-term tenancies
Section 6 repealed 1 December 1996 section 4(1) Residential Tenancies Amendment Act 1996
7: Tenancies for short fixed terms
1: Subject to subsection (2), nothing in sections 25 to 28 51 tenancy for a fixed term of not more than 90 days (whether or not terminable by notice) 90
2: Where such a tenancy is extended or renewed, whether once or more than once, with the result that the total length of the term exceeds 90 90 sections 25 to 28 51
2A: The parties may not enter into a tenancy for a fixed term
2B: The Tribunal may, on the application of a tenant or former tenant who is or who was a party to a tenancy for a fixed term
a: the tenancy was granted in breach of subsection (2A); and
b: the proposed extension or renewal will not prejudice third parties who are not in any way involved in the breach.
3: Section 7 heading replaced 11 February 2021 section 6(1) Residential Tenancies Amendment Act 2020 Section 7(1) amended 11 February 2021 section 6(2) Residential Tenancies Amendment Act 2020 Section 7(1) amended 1 October 2010 section 8(1) Residential Tenancies Amendment Act 2010 Section 7(2) amended 1 October 2010 section 8(1) Residential Tenancies Amendment Act 2010 Section 7(2A) inserted 1 October 2010 section 8(2) Residential Tenancies Amendment Act 2010 Section 7(2A) amended 11 February 2021 section 6(3) Residential Tenancies Amendment Act 2020 Section 7(2B) inserted 1 October 2010 section 8(2) Residential Tenancies Amendment Act 2010 Section 7(2B) amended 11 February 2021 section 6(3) Residential Tenancies Amendment Act 2020 Section 7(3) repealed 11 February 2021 section 6(4) Residential Tenancies Amendment Act 2020
8: Parties to excluded tenancies may agree that Act shall apply
1: Nothing in any of sections 5 to 7
2: Without limiting subsection (1), any such agreement may confer upon the Tribunal, in respect of the tenancy, all or any of the jurisdiction conferred on the Tribunal by this Act in respect of tenancies to which this Act applies.
9: Existing tenancies
1: Subject to subsection (2) and to sections 5 to 7
2: Nothing in sections 12 14 23 24 30 32 39 40 44 to 46 58 59
a: any fixed-term tenancy granted before the date of the commencement of this Act and still subsisting immediately before that date; or
b: any service tenancy granted before that date and still subsisting immediately before that date, unless and until the tenancy is renewed or the tenant's interest under the tenancy agreement is lawfully assigned.
3: Subject to sections 5 to 7
a: all the express or implied terms, provisions, covenants, and conditions of the tenancy agreement by which the tenancy was created shall continue to have the same force and effect as they had immediately before that date, except to the extent that they are inconsistent with any of the provisions of this Act (except, in the case of a fixed-term tenancy or a service tenancy, those provisions specified in subsection (2)) or are varied by agreement between the parties or by order made by the Tribunal under this Act:
b: any proceedings instituted in relation to the tenancy before that date may be continued and completed as if this Act had not been passed:
c: any notice issued before that date determining or forfeiting the tenancy shall have effect and may be enforced as if this Act had not been passed:
d: any process or procedure commenced before that date whereby the rent payable for the tenancy could be varied may be continued and completed, and shall have effect to vary the rent, as if this Act had not been passed, but subject to any order made by the Tribunal under section 25
e: no person shall be liable in any civil or criminal proceedings by virtue of any of the provisions of this Act for anything lawfully done or lawfully omitted to be done before that date. Residential Tenancies Act 1978–1981 s 7A (SA)
10: Onus of proof
Where, in any proceedings before the Tribunal, any party contends that this Act does not apply in respect of any tenancy of any residential premises, it shall be for that party to establish the facts upon which it is contended that this Act does not apply.
11: Act generally to apply despite contrary provisions
1: Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless—
a: the inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or
b: the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.
2: Subsection (1) shall not prevent a landlord from waiving voluntarily all or any of the rights and powers conferred on landlords by this Act, or from voluntarily incurring more or more extensive obligations than those that are imposed on landlords by this Act.
3: Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect. 1952 No 51 s 104C 1955 No 50 s 51 1973 No 26 s 28 1975 No 36 s 4 Residential Tenancies Act 1978–81 s 89(1), (2) (SA)
2: Tenancy agreements
Preliminary matters
12: Discrimination to be unlawful act
1: Each of the following is hereby declared to be an unlawful act:
a: discrimination against any person in respect of the grant, continuance, extension, variation, termination, or renewal of a tenancy agreement in contravention of the Human Rights Act 1993
b: the giving of an instruction or the stating of an intention in contravention of subsection (2).
2: A landlord shall not, in respect of the grant, continuance, extension, variation, termination, or renewal of a tenancy agreement,—
a: instruct any person to discriminate against any other person in contravention of the Human Rights Act 1993
b: state an intention (whether by advertisement or otherwise) to discriminate against any person in contravention of that Act.
3: Nothing in section 21(1)﻿(k) section 2(2)
4: In this section tenancy agreement Section 12 replaced 1 May 1996 section 5(1) Residential Tenancies Amendment Act 1996
12A: Choice of procedures
1: Where the circumstances are such that any person would be entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993
a: the person may invoke, in relation to those circumstances, the procedures under this Act:
b: the person may make, in relation to those circumstances, a complaint under the Human Rights Act 1993
2: For the purposes of subsection (1)﻿(b), a person makes a complaint when proceedings in relation to that complaint are commenced by the complainant or the Commission. 1991 No 22 s 39 1993 No 82 s 145 Section 12A inserted 1 May 1996 section 5(1) Residential Tenancies Amendment Act 1996 Section 12A(2) replaced 1 January 2002 section 71(1) Human Rights Amendment Act 2001
13: Tenancy agreement must be in writing and signed
1: The landlord must ensure that the tenancy agreement is in writing.
2: The landlord must, before the tenancy commences,—
a: sign the tenancy agreement; and
b: provide a copy of the tenancy agreement to the tenant (whether or not the tenant has signed it).
3: The tenant must sign the tenancy agreement.
4: A landlord who fails to comply with subsection (1) or (2)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 13 replaced 11 February 2021 section 7 Residential Tenancies Amendment Act 2020
13A: Contents of tenancy agreement
1: Every tenancy agreement shall include the following minimum information:
a: the full name and contact address of the landlord; and
aa: the landlord’s contact mobile telephone number (if any); and
ab: the landlord’s contact email address (if any); and
b: the full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and
ba: the tenant’s contact mobile telephone number (if any); and
bb: the tenant’s contact email address (if any); and
c: the address of the premises; and
d: the date of the tenancy agreement; and
e: the date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and
f: the landlord's address for service; and
g: the tenant's address for service; and
h: whether the tenant is under the age of 18; and
i: the amount of any bond; and
j: the rent payable; and
k: the frequency of the rent payments; and
l: the place or bank account number where the rent is to be paid; and
m:
n:
o: a list of any chattels provided by the landlord; and
p: if the tenancy is a fixed-term tenancy, the date on which the term will expire
1AAA: A landlord who fails to ensure that the tenancy agreement includes the information specified in subsection (1)﻿(a) to (ab), (c) to (f), and (i) to (p)
1A: The landlord must include in the tenancy agreement a statement, made and signed by the landlord, that provides the following information to the tenant (subject to subsections (1B) and (1C)):
a: whether or not there is, as at the date of the tenancy agreement, any insulation installed in connection with any ceilings, floors, or walls that are at the premises:
b: details of the location, type, and condition of all insulation that is, as at the date of the tenancy agreement, installed in connection with any ceilings, floors, or walls that are at the premises:
c:
1B: Subsection (1C) applies if, despite making all reasonable efforts to do so, the landlord has not been able to obtain some or all of the information required by subsection (1A)﻿(a) or (b) in respect of a particular location (for example, above a ceiling, under a floor, or in a wall).
1C: The landlord’s statement under subsection (1A) does not have to provide the information that the landlord has not been able to obtain in respect of the particular location, so long as the statement instead—
a: describes the information that the landlord has not been able to obtain in respect of the particular location; and
b: explains why the landlord has not been able to obtain that information; and
c: confirms that the landlord has made all reasonable efforts to obtain that information.
1CA: The landlord must also include in the tenancy agreement a statement, made and signed by the landlord,—
a: that, on and after the commencement of the tenancy, the landlord will comply with the healthy homes standards as required by section 45(1)﻿(bb) 66I(1)﻿(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
1CB: If there is a written variation or renewal of the tenancy agreement in accordance with section 13B(1)
a: that, on and after the time when the variation or renewal takes effect, the landlord will comply with the healthy homes standards as required by section 45(1)﻿(bb) 66I(1)﻿(bb)
b: including the information (if any) prescribed by regulations under section 138B(5)
1D: The requirement that the landlord’s statement under subsection (1A) or (1CA) section 13(1)
1DA: However, the landlord’s statements under subsections (1A) and (1CA) can be combined, with the landlord signing once to confirm both statements (in addition to the landlord signing the tenancy agreement).
1DB: The requirement that the landlord’s statement under subsection (1CB) be signed by the landlord is in addition to the requirement under section 13B(1)
1E: The landlord’s statement under subsection (1A), (1CA), or (1CB) does not affect the landlord’s duties in respect of insulation or the healthy homes standards under section 45(1) 66I(1)
1F: The landlord commits an unlawful act if—
a: the landlord fails to comply with subsection (1A) , (1CA) , (1CB), (2), (3), or (4)
b: the landlord’s statement under subsection (1A) , (1CA) , (1CB), (2), (3), or (4)
1G: The landlord commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
2: The landlord must include in the tenancy agreement the following information about insurance of the premises:
a: if the premises are not insured, a statement that they are not insured; and
b: if the premises are insured, a statement—
i: setting out, for each insurance policy that is relevant to the tenant’s liability for destruction of or damage to the premises, the amount of each excess that is relevant (if any) to that liability; and
ii: informing the tenant that a copy of the policy is available to the tenant on request (except that the statement need not inform the tenant of this if the landlord has already provided to the tenant a copy of the policy in accordance with section 45(2B) 66J(5)
3: If a tenant under a tenancy agreement that was entered into before subsection (2)
4: If anything changes so that the information that was included in the tenancy agreement in accordance with subsection (2) subsection (3) Section 13A inserted 1 December 1996 section 6(1) Residential Tenancies Amendment Act 1996 Section 13A(1)﻿(aa) inserted 1 July 2016 section 6(1) Residential Tenancies Amendment Act 2016 Section 13A(1)﻿(ab) inserted 1 July 2016 section 6(1) Residential Tenancies Amendment Act 2016 Section 13A(1)﻿(ba) inserted 1 July 2016 section 6(2) Residential Tenancies Amendment Act 2016 Section 13A(1)﻿(bb) inserted 1 July 2016 section 6(2) Residential Tenancies Amendment Act 2016 Section 13A(1)﻿(m) repealed 12 December 2018 section 5 Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 Section 13A(1)﻿(n) repealed 1 October 2010 section 9(2) Residential Tenancies Amendment Act 2010 Section 13A(1)﻿(p) amended 11 February 2021 section 8(1) Residential Tenancies Amendment Act 2020 Section 13A(1AAA) inserted 11 February 2021 section 8(2) Residential Tenancies Amendment Act 2020 Section 13A(1A) inserted 1 July 2016 section 6(3) Residential Tenancies Amendment Act 2016 Section 13A(1A)﻿(c) repealed 1 July 2019 section 4(1) Healthy Homes Guarantee Act 2017 Section 13A(1B) inserted 1 July 2016 section 6(3) Residential Tenancies Amendment Act 2016 Section 13A(1C) inserted 1 July 2016 section 6(3) Residential Tenancies Amendment Act 2016 Section 13A(1CA) inserted 1 July 2019 section 4(2) Healthy Homes Guarantee Act 2017 Section 13A(1CB) inserted 1 July 2019 section 4(2) Healthy Homes Guarantee Act 2017 Section 13A(1D) inserted 1 July 2016 section 6(3) Residential Tenancies Amendment Act 2016 Section 13A(1D) amended 1 July 2019 section 4(3) Healthy Homes Guarantee Act 2017 Section 13A(1DA) inserted 31 July 2019 section 5(2) Residential Tenancies Amendment Act 2019 Section 13A(1DB) inserted 1 July 2019 section 4(4) Healthy Homes Guarantee Act 2017 Section 13A(1DB) replaced 31 July 2019 section 5(1) Residential Tenancies Amendment Act 2019 Section 13A(1E) replaced 1 July 2019 section 4(5) Healthy Homes Guarantee Act 2017 Section 13A(1F) inserted 1 July 2016 section 6(3) Residential Tenancies Amendment Act 2016 Section 13A(1F)﻿(a) amended 27 August 2019 section 5(3) Residential Tenancies Amendment Act 2019 Section 13A(1F)﻿(a) amended 1 July 2019 section 4(6) Healthy Homes Guarantee Act 2017 Section 13A(1F)﻿(b) amended 27 August 2019 section 5(3) Residential Tenancies Amendment Act 2019 Section 13A(1F)﻿(b) amended 1 July 2019 section 4(6) Healthy Homes Guarantee Act 2017 Section 13A(1G) inserted 11 February 2021 section 8(3) Residential Tenancies Amendment Act 2020 Section 13A(2) replaced 27 August 2019 section 5(4) Residential Tenancies Amendment Act 2019 Section 13A(3) inserted 27 August 2019 section 5(4) Residential Tenancies Amendment Act 2019 Section 13A(4) inserted 27 August 2019 section 5(4) Residential Tenancies Amendment Act 2019
13AB: Address for service
1: For the purposes of this Act, an address for service
2: Whenever a party is required to give an address for service, the party—
a: must give an address of a physical place in New Zealand; and
b: may, in addition, specify a Post Office box number, email address, or facsimile number as one of the party’s addresses for service. Section 13AB inserted 1 October 2010 section 10(1) Residential Tenancies Amendment Act 2010
13B: Variations and renewals of tenancy agreements
1: Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant.
2: The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal. Section 13B inserted 1 December 1996 section 6(1) Residential Tenancies Amendment Act 1996
13C: Tenancy agreements not unenforceable on grounds not in writing
Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing. Section 13C inserted 1 December 1996 section 6(1) Residential Tenancies Amendment Act 1996
13D: Exceptions to requirements relating to tenancy agreements
Sections 13 to 13B (and, in the case of a boarding house tenancy, section 66C
a: a tenancy at will created on or immediately after the determination or expiry of a tenancy:
b: a tenancy agreement that was in force immediately before the date of commencement of this Act:
c: any variation of a tenancy agreement made by, or at the direction of, the Tribunal. Section 13D inserted 1 December 1996 section 6(1) Residential Tenancies Amendment Act 1996 Section 13D amended 1 October 2010 section 11 Residential Tenancies Amendment Act 2010
14: Minors
1: A person who has attained the age of 18 years or who is or has been married or in a civil union
2: Subject to subsection (3), where during a tenancy, the tenant attains the age of 18 years or marries or enters into a civil union
3: In any case to which subsection (2) applies, the tenant may, within 10 working days after the date on which the tenant attains the age of 18 years or marries or enters into a civil union
4: Subject to subsections (1) and (2), the Tribunal shall have and may exercise, in respect of tenancy agreements, all the jurisdiction and powers conferred on the High Court or the District Court by subpart 6
5: Except where any proceedings are transferred to the District Court section 83(2) sections 117 119 120 subpart 6 Section 14(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 14(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 14(3) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 14(4) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 14(4) amended 1 March 2017 section 261 District Court Act 2016 Section 14(5) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Section 14(5) amended 1 March 2017 section 261 District Court Act 2016
15: Notification of successor to landlord or tenant
1: Where, during the term of any tenancy, the landlord's or tenant's interest passes to some other person, that other person shall, within 10 working days thereafter, cause the other party to the tenancy to be notified of—
a: the full name and contact address of that person; and
b: an address for service, being the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the person.
1A: For the purposes of subsection (1)﻿(a), the following must be notified with the person’s contact address:
a: the person’s contact mobile telephone number (if any):
b: the person’s contact email address (if any).
2: A landlord or tenant who fails to comply with this section commits an unlawful act.
2:
3: A landlord who fails to comply with this section commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 15 replaced 1 December 1996 section 7(1) Residential Tenancies Amendment Act 1996 Section 15(1A) inserted 1 July 2016 section 7 Residential Tenancies Amendment Act 2016 Section 15(2) inserted 11 February 2021 section 9 Residential Tenancies Amendment Act 2020 Section 15(2) repealed 1 October 2010 section 10(2) Residential Tenancies Amendment Act 2010 Section 15(3) inserted 11 February 2021 section 9 Residential Tenancies Amendment Act 2020
16: Change of name or address
1: Where the name and contact address, or address for service, of any person has been notified to the other party to the tenancy in accordance with this Act and that name or address subsequently changes (otherwise than in circumstances to which section 15
1A: In subsection (1), contact address
a: a person’s contact mobile telephone number:
b: a person’s contact email address.
2: A landlord or tenant who fails to comply with this section commits an unlawful act.
2:
2A: A landlord who fails to comply with this section commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
3: The obligation in subsection (1) does not apply to a contact person whose name and contact details are contained in a boarding house tenancy agreement. Section 16 replaced 1 December 1996 section 7(1) Residential Tenancies Amendment Act 1996 Section 16(1A) inserted 1 July 2016 section 8 Residential Tenancies Amendment Act 2016 Section 16(2) inserted 11 February 2021 section 10 Residential Tenancies Amendment Act 2020 Section 16(2) repealed 1 October 2010 section 10(2) Residential Tenancies Amendment Act 2010 Section 16(2A) inserted 11 February 2021 section 10 Residential Tenancies Amendment Act 2020 Section 16(3) inserted 1 October 2010 section 12 Residential Tenancies Amendment Act 2010
16A: Landlord must have agent if out of New Zealand for longer than 21 consecutive days
1: A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand.
2: A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand.
3: A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent.
4: A landlord who appoints an agent under this section must, immediately after appointing the agent,—
a: notify the tenant of the agent’s name, contact address, and address for service; and
b: if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars.
4A: For the purposes of subsection (4)﻿(a), the following must be notified with the agent’s contact address:
a: the agent’s contact mobile telephone number (if any):
b: the agent’s contact email address (if any).
5: An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.
6: A landlord who fails to comply with this section—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 16A inserted 1 October 2010 section 13 Residential Tenancies Amendment Act 2010 Section 16A(4A) inserted 1 July 2016 section 9 Residential Tenancies Amendment Act 2016 Section 16A(6) replaced 11 February 2021 section 11 Residential Tenancies Amendment Act 2020
16B: Body corporate rules part of tenancy agreement
1: This section applies to residential premises that are held in a stratum estate under the Unit Titles Act 2010
2: Body corporate operational rules made under the Unit Titles Act 2010
3: A tenancy agreement that creates or evidences the letting of premises to which this section applies must set out a statement of the rules referred to in subsection (2).
4: The landlord must promptly give the tenant written notice of any variation of the rules referred to in subsection (2).
5: As soon as the tenant is notified of a variation, the terms of the tenancy agreement are taken to be varied accordingly.
6: This section does not limit section 13A Section 16B inserted 1 October 2010 section 13 Residential Tenancies Amendment Act 2010 Key money, bonds, and rents
17: Requiring key money prohibited
1: Subject to subsection (4), no person shall, without the prior consent of the Tribunal, require the payment of key money in respect of—
a: the grant, continuance, extension, variation, or renewal of any tenancy agreement; or
b: the assignment of a tenant's interest under any tenancy agreement; or
c: the subletting of the whole or any part of the premises by a tenant.
2: Nothing in subsection (1) limits or affects section 44A
3: The requiring of key money in contravention of subsection (1) is hereby declared to be an unlawful act.
3A: A landlord who contravenes subsection (1) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
4: Subsection (1) shall not apply to any of the following:
a: any sum required or received for an option to enter into a tenancy agreement if the sum does not exceed 1 week's rent payable under the agreement, and, upon the option being exercised, the sum is refunded or is applied toward the rent:
b: any sum that the landlord is authorised by any other provision of this Act to require or receive:
c:
d: any payment of a prescribed class. 1973 No 26 s 22 Residential Tenancies Act 1978–1981 s 30 (SA) Section 17(2) replaced 11 February 2021 section 12(1) Residential Tenancies Amendment Act 2020 Section 17(3A) inserted 11 February 2021 section 12(2) Residential Tenancies Amendment Act 2020 Section 17(4)﻿(c) repealed 12 December 2018 section 6 Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018
17A: Requiring letting fee prohibited
1: No letting agent or other person may require a tenant to pay a letting fee.
2: Nothing in subsection (1) limits or affects section 44A
3: Any requirement to pay a letting fee in contravention of subsection (1) is an unlawful act.
4: A landlord who contravenes subsection (1) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 17A inserted 12 December 2018 section 7 Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 Section 17A(2) amended 11 February 2021 section 13(1) Residential Tenancies Amendment Act 2020 Section 17A(4) inserted 11 February 2021 section 13(2) Residential Tenancies Amendment Act 2020
18: Bonds to be no more than 4 weeks' rent
1: A landlord shall not require payment by way of bond of an amount greater than 4 weeks' rent lawfully payable under the tenancy agreement.
2: On the lawful increase of the rent, the landlord may require payment by way of bond of a further sum not exceeding the amount by which the rent payable for 4 weeks has been increased.
3: On the decrease of the rent, the amount by which the total sum already paid by way of bond exceeds the rent payable for 4 weeks following the decrease shall, on application to the chief executive
4: A landlord who contravenes this section—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B 1973 No 26 s 21 Residential Tenancies Act 1978–1981 s 32(1), (1A), (1B) (SA) Section 18(3) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 18(4) replaced 11 February 2021 section 14 Residential Tenancies Amendment Act 2020
18A: Landlord must not require security other than permitted bond
1: A landlord may not require a tenant to provide the landlord with any form of security to secure any payment or performance arising out of, or in connection with, the tenancy.
2: A landlord who contravenes this section—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
3: In this section, security
a: means—
i: any interest in real or personal property; or
ii: the power to exercise a right of the tenant, including the authority to cause an account to be debited (for example, without limitation, by reference to a card, such as the imprint of a credit card or a PIN number) or the means to obtain money from a third party; but
b: does not include—
i: a payment by way of bond that is permitted under section 18
ii: any guarantee. Section 18A inserted 1 October 2010 section 15 Residential Tenancies Amendment Act 2010 Section 18A(2) replaced 11 February 2021 section 15 Residential Tenancies Amendment Act 2020
19: Duties of landlord on receipt of bond
1: Where any person pays to the landlord, or to any other person on behalf of the landlord, any amount by way of bond (whether the amount is for the whole or part of the bond)
a: the person who receives the payment shall forthwith give to the payer a written receipt, signed by that person, showing—
i: the address of the premises to which the payment relates; and
ii: the amount and nature of the payment; and
iii: the date of the payment; and
iv: the name of the payer (if known to the person who receives the payment):
b: the landlord shall, within 23 working days after the payment is made, forward the amount received to the chief executive, together with a statement of particulars in the approved
1A: Subsection (1) does not apply if a bond of 1 week’s rent or less is paid in respect of a boarding house tenancy. In that case, section 66D
2: Failure to issue a receipt, or to forward any amount received, in accordance with this section is hereby declared to be an unlawful act.
3: A landlord who fails to comply with subsection (1) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Residential Tenancies Act 1978–1981 s 32(2) (SA) Section 19(1) amended 1 October 2010 section 16(1) Residential Tenancies Amendment Act 2010 Section 19(1)﻿(b) replaced 1 May 1996 section 8(1) Residential Tenancies Amendment Act 1996 Section 19(1)﻿(b) amended 1 October 2010 section 16(2) Residential Tenancies Amendment Act 2010 Section 19(1A) inserted 1 October 2010 section 16(3) Residential Tenancies Amendment Act 2010 Section 19(3) inserted 11 February 2021 section 16 Residential Tenancies Amendment Act 2020
20: Duties of chief executive in relation to bonds
Where a landlord forwards to the chief executive any amount paid by way of bond, the chief executive shall—
a: deposit the money into the Residential Tenancies Trust Account:
b: give to the landlord a written receipt showing—
i: the address of the premises to which the payment relates; and
ii: the name of the landlord; and
iii: the name of the tenant; and
iv: the amount and nature of the payment; and
v: the date of the receipt by the chief executive of the payment:
c: give to the tenant a copy of the receipt issued in accordance with paragraph (b). Section 20 replaced 18 August 1992 section 4 Residential Tenancies Amendment Act 1992
21: Tenant may pay bond direct to chief executive with landlord's consent
1: Notwithstanding anything in section 19 section 20
2: Every such payment shall be accompanied by a statement of particulars in the approved
3: Where any amount payable by way of bond is paid direct to the chief executive, the chief executive shall—
a: deposit the money into the Residential Tenancies Trust Account:
b: give to the tenant a written receipt showing—
i: the address of the premises to which the payment relates; and
ii: the name of the landlord; and
iii: the name of the tenant; and
iv: the amount and nature of the payment; and
v: the date of the receipt by the chief executive of the payment:
c: give to the landlord a copy of the receipt issued in accordance with paragraph (b). Section 21 replaced 18 August 1992 section 4 Residential Tenancies Amendment Act 1992 Section 21(2) replaced 1 May 1996 section 9 Residential Tenancies Amendment Act 1996 Section 21(2) amended 1 October 2010 section 17 Residential Tenancies Amendment Act 2010
21A: Notification of changes of address to chief executive
1: Where a bond is being held in the Residential Tenancies Trust Account in respect of a tenancy agreement and the landlord or tenant changes his or her name or contact address or address for service, the landlord or the tenant, as the case may be, shall, within 10 working days thereafter, cause notice of the new particulars to be sent to the chief executive.
2: Where a bond is being held in the Residential Tenancies Trust Account in respect of a tenancy agreement and the landlord's or the tenant's interest under the tenancy agreement passes to some other person, that other person shall, within 10 working days thereafter, cause notice of the new particulars to be sent to the chief executive. Section 21A inserted 1 May 1996 section 10(1) Residential Tenancies Amendment Act 1996
22: Agreed applications to chief executive for payment of bond
1: This section applies if—
a: at any time a landlord or a tenant applies in the approved form for payment of a bond, or part of a bond; and
b: the application is made—
i: with the agreement of the other party; or
ii: in favour of the other party.
2: The chief executive must pay the bond (or, as the case requires, part of the bond) in accordance with the terms of the application. Section 22 replaced 1 October 2010 section 18 Residential Tenancies Amendment Act 2010
22A: Applications to chief executive for payment of bond without agreement of other party
1: This section applies to an application in the approved form for payment of a bond, or part of a bond, made by a party ( party A party B
2: The application may be made at any time after the termination of the tenancy if party A is the tenant, but must be made within 2 months of the termination of the tenancy if party A is the landlord.
3: On receiving the application, the chief executive must notify party B of the application and invite party B to indicate, within 10 working days after being notified, whether or not party B wishes to contest the application.
4: An indication by party B must be in writing, unless the chief executive waives that requirement.
5: If party B indicates that he or she wishes to contest the application, the chief executive must tell the parties how to apply to the Tribunal for a determination of the dispute.
6: If party B does not respond to the invitation to indicate whether or not party B wishes to contest the application, the chief executive must—
a: pay the bond (or, as the case requires, part of the bond) in accordance with the application; or
b: decline to make a decision and tell the parties how to apply to the Tribunal for a determination.
7: If party B agrees to the application, the chief executive must pay the bond (or, as the case requires, part of the bond) in accordance with the application. Section 22A inserted 1 October 2010 section 18 Residential Tenancies Amendment Act 2010
22B: Applications to, and orders by, Tribunal
1: If there is a dispute between the parties as to the payment of a bond, either party may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.
2: If the tenant applies to the Tribunal and the landlord seeks payment of the bond in whole or in part, the landlord must file an application with the Tribunal that sets out the landlord’s counterclaim.
3: If, more than 2 months after the termination of a tenancy, the landlord seeks payment of a bond held in respect of that tenancy but does not have the agreement of the tenant, the landlord may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.
4: If the chief executive is satisfied that a tenancy has terminated and no application for payment of a bond, or part of a bond, has been made within a reasonable time, the chief executive may apply to the Tribunal for an order determining to whom the bond, or any part of it, is to be paid.
5: If the Tribunal makes an order concerning the payment of a bond, or part of a bond, the chief executive must make the payment in accordance with the terms of the order. Section 22B inserted 1 October 2010 section 18 Residential Tenancies Amendment Act 2010
22C: Payments of bond to be made out of Residential Tenancies Trust Account
The chief executive must make any payments of a bond under section 22 22A 22B Section 22C inserted 1 October 2010 section 18 Residential Tenancies Amendment Act 2010
22D: Chief executive may take steps to refund bonds
1: The chief executive may take any steps that the chief executive considers reasonable in the circumstances to refund a bond held by the chief executive if the chief executive believes on reasonable grounds that—
a: the tenancy to which the bond relates has terminated and no claim is made for the bond within 2 months of the termination; or
b: an application for the refund of the bond has been approved but the bond money has not been collected within 2 months of the approval.
2: The steps that the chief executive takes under subsection (1) may include the publication of 1 or more of the following:
a: the name of the person to whom the bond is to be refunded if the circumstances described in subsection (1)﻿(b) apply:
b: the name of the tenant in whose name the bond is held:
c: the amount, or approximate amount, of the bond:
d: the location of the premises to which the bond relates.
3: To avoid doubt, this section applies to all bond money held by the chief executive, whenever it is received. Section 22D inserted 1 October 2010 section 18 Residential Tenancies Amendment Act 2010
22E: MSD
1: In this section, unless the context otherwise requires,— address information MSD Social Security Act 2018
2: The purpose of this section is to facilitate the disclosure of address information by MSD section 22D(1)
3: If the chief executive is satisfied that reasonable steps have been taken, under section 22D MSD MSD
a: to ascertain whether MSD
b: if that is the case, to supply that information to the department.
4: On receipt of a request made under subsection (3), MSD Section 22E inserted 1 October 2010 section 18 Residential Tenancies Amendment Act 2010 Section 22E heading amended 26 November 2018 section 459 Social Security Act 2018 Section 22E(1) MSD inserted 26 November 2018 section 459 Social Security Act 2018 Section 22E(1) Social Welfare repealed 26 November 2018 section 459 Social Security Act 2018 Section 22E(2) amended 26 November 2018 section 459 Social Security Act 2018 Section 22E(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 22E(3)﻿(a) amended 26 November 2018 section 459 Social Security Act 2018 Section 22E(4) amended 26 November 2018 section 459 Social Security Act 2018
22F: Landlord must state amount of rent when advertising residential premises
1: A landlord must not advertise or otherwise offer a tenancy of residential premises unless the amount of rent is stated in the advertisement or offer.
2: Subsection (1)
a: a service tenancy; or
b: a tenancy described in section 53B(1)﻿(a)
3: A landlord who contravenes subsection (1)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 22F inserted 11 February 2021 section 17 Residential Tenancies Amendment Act 2020
22G: Landlord must not invite or encourage bids for rent
1: A landlord must not invite or encourage a prospective tenant or any other person to offer to pay an amount of rent for residential premises that exceeds the amount of rent stated as part of the advertisement or offer of the premises in accordance with section 22F(1)
2: Subsection (1)
3: A landlord who contravenes subsection (1) Section 22G inserted 11 February 2021 section 17 Residential Tenancies Amendment Act 2020
23: Rent in advance
1: A landlord shall not require the payment of any rent—
a: more than 2 weeks in advance; or
b: before the expiry of the period for which rent has been paid already.
2: Where, in the case of a service tenancy or of any other tenancy where the landlord is the employer of the tenant,—
a: the landlord, by agreement with the tenant or pursuant to or in accordance with any enactment, regularly deducts from the tenant's pay for a standard pay period the amount of rent payable by the tenant for any standard rental period; and
b: no such regular deduction is such as to constitute a contravention of subsection (1); and
c: because of a forthcoming holiday period or for any other special reason, the landlord pays the tenant for a period longer than the standard pay period,— the landlord may, notwithstanding subsection (1), deduct from the amount so paid the amount of rent payable by the tenant for any period longer than the standard rental period so long as the proportion of pay so deducted on account of rent does not exceed the proportion of pay regularly deducted.
3: A landlord shall not require any payment of rent to be made by postdated cheque or other similar postdated order.
4: A landlord who contravenes this section—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B 1973 No 26 s 21 Residential Tenancies Act 1978–1981 ss 31, 39 (SA) Section 23(4) replaced 11 February 2021 section 18 Residential Tenancies Amendment Act 2020
24: Rent increases
1: The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with:
a: the landlord shall give the tenant notice in writing of the increase; and
b: that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and
c: the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days)
d: the rent must not be increased within 12 months after the date of the commencement of the tenancy; and
e: the rent must not be increased within 12 months after the date on which the last increase took effect; and
f:
g: a landlord under a fixed-term tenancy—
i: may not increase the rent during the term of the tenancy unless permitted by the provisions of the tenancy agreement to do so; and
ii: may do so only in accordance with this section and any such provisions of the tenancy agreement; and
h: where the Tribunal has made an order under section 25
1A: The provisions referred to in subsection (1)﻿(g) may take the form of the provisions set out in Schedule 1
2:
3: A notice of an increase in rent lawfully given under this section shall, unless it is withdrawn by the landlord, have the effect of varying the tenancy agreement in accordance with the terms of the notice.
4: Where a landlord has given a notice to increase the rent and subsequently realises that, because of—
a: some error in calculating the day on which the increased rent is to become payable or in the manner in which that day is expressed in the notice; or
b: some delay in serving the notice,— the day fixed in the notice for the increased rent to become payable is in contravention of subsection (1), the landlord may, with the agreement of the tenant or (failing such agreement) with the consent of the Tribunal, give to the tenant a further notice varying the original notice so as to bring the terms of the original notice into accord with the provisions of that subsection.
5: Every notice given under subsection (4) shall be in writing, specifying the amount of the increased rent and the day upon which the increased rent shall become payable.
6: The Tribunal shall not give its consent under subsection (4) unless it is satisfied—
a: that the error or the delay was inadvertent; and
b: that the landlord has sought to correct the matter as soon as practicable; and
c: that it would not be unfair to the tenant to allow the original notice to be varied in the manner proposed. Section 24 replaced 1 May 1996 section 12 Residential Tenancies Amendment Act 1996 Section 24(1)﻿(c) amended 1 October 2010 section 19(1) Residential Tenancies Amendment Act 2010 Section 24(1)﻿(d) replaced 12 August 2020 section 19(1) Residential Tenancies Amendment Act 2020 Section 24(1)﻿(e) replaced 12 August 2020 section 19(1) Residential Tenancies Amendment Act 2020 Section 24(1)﻿(f) repealed 12 August 2020 section 19(2) Residential Tenancies Amendment Act 2020 Section 24(1)﻿(g) replaced 1 October 2010 section 19(3) Residential Tenancies Amendment Act 2010 Section 24(1A) inserted 1 October 2010 section 19(4) Residential Tenancies Amendment Act 2010 Section 24(2) repealed 12 August 2020 section 19(3) Residential Tenancies Amendment Act 2020
24A: Expiry of temporary rent reduction
If the parties to a tenancy agree that, during a specified period or until the occurrence of a specified event, the tenant is entitled to pay a lower rent,—
a: the agreement is a variation of the tenancy agreement to which sections 13B 13C
b: on the expiry of the period or the occurrence of the event, the rent payable before the variation is reinstated; and
c: that reinstatement does not constitute a rent increase. Section 24A inserted 1 October 2010 section 20 Residential Tenancies Amendment Act 2010
25: Market rent
1: On an application made to it at any time by the tenant, the Tribunal may, in accordance with the succeeding provisions of this section, on being satisfied that the rent payable or to become payable for the tenancy exceeds the market rent by a substantial amount, make an order reducing the rent to an amount, to be specified in the order, that is in line with the market rent.
2: Notwithstanding anything in subsection (1), no application may be made under that subsection in respect of the rent payable under a fixed-term tenancy later than 3 months after—
a: the date of the commencement of the tenancy or (in the case of a tenancy that was subsisting immediately before commencement of this Act) the date of the commencement of this Act; or
b: the date of the last review of rent,— whichever is the later.
2A: Despite subsection (2), a tenant who is a party to a fixed term tenancy of premises held in a stratum estate under the Unit Titles Act 2010
3: For the purposes of this Act, the market rent for any tenancy shall be the rent that, without regard to the personal circumstances of the landlord or the tenant, a willing landlord might reasonably expect to receive and a willing tenant might reasonably expect to pay for the tenancy, taking into consideration the general level of rents (other than income-related rents within the meaning of section 2(1) Public and Community Housing Management Act 1992
4: An order made under this section shall take effect on and from a date to be specified in the order, which may be the date of the order or any earlier or later date, but being no earlier than the date of the application for the order and no later than 30 days after the date of the order. 1955 No 50 ss 20, 21 1961 No 66 s 7 1973 No 26 ss 6, 8 Residential Tenancies Act 1978–1981 s 36(1)–(3) (SA) Section 25(2A) inserted 1 October 2010 section 21 Residential Tenancies Amendment Act 2010 Section 25(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 25(3) amended 14 April 2014 section 25 Social Housing Reform (Housing Restructuring and Tenancy Matters Amendment) Act 2013 Section 25(3) amended 17 November 2000 section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000
26: Duration of order determining market rent
1: Subject to the succeeding provisions of this section, every order made by the Tribunal under section 25
a: in the case of a periodic tenancy, for a period of 6 months or such shorter period as the Tribunal may specify in the order; or
b: in the case of a fixed-term tenancy, for such period as the Tribunal may specify in the order.
2: The Tribunal may at any time, on the application of the landlord or the tenant, rehear any application made under section 25
a: the order was procured by fraud or other dishonest conduct; or
b: the Tribunal, in making the order, took into account any misleading or irrelevant evidence; or
c: new and material evidence is available; or
d: by any error or omission, an injustice has been occasioned by the order. 1955 No 50 s 22 1973 No 26 s 9 Residential Tenancies Act 1978–1981 s 36(4), (5) (SA)
27: Rent in excess of market rent irrecoverable
1: Where the Tribunal makes an order under section 25
2: Requiring the payment of any amount by way of rent in contravention of subsection (1) is hereby declared to be an unlawful act.
3: No amount by way of rent in excess of the amount so specified in any such order shall be payable or recoverable in respect of any period during which the order is in force.
4: Where the Tribunal is satisfied that the landlord of any residential premises has received any amount by way of rent that, by virtue of subsection (3), was not lawfully payable, it shall order that the whole of that amount be refunded by the landlord to the tenant, except to the extent (if any) that the Tribunal considers, having regard to the special circumstances of the case, it would be unjust to require such a refund in full.
5: Where the Tribunal makes an order under subsection (4) for the refund of any amount to the tenant of any residential premises, the tenant shall be entitled, in addition to any other remedy that the tenant may have, to deduct the whole or any part of the amount to be refunded from any sum that may become payable by the tenant to the landlord under the tenancy agreement at any time within 1 year after the date of the order. 1955 No 50 s 23 1973 No 26 ss 10, 11 Residential Tenancies Act 1978–1981 s 36(6) (SA)
28: Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms
1: The landlord and the tenant may agree to increase the rent if the landlord has, with the consent of the tenant,—
a: made substantial improvements to the premises (not being general or necessary repairs) that increase the value of the premises and constitute a material benefit to the tenant:
b: increased or improved the facilities or services (other than general or necessary repairs) provided for the tenant:
c: agreed to a variation in the terms of the tenancy that benefits the tenant.
2: If the tenant does not agree to the increase proposed by the landlord, the landlord may apply to the Tribunal for an order increasing the rent.
3: The Tribunal may, on an application under subsection (2), make an order increasing the rent by any amount the Tribunal thinks fit, if the Tribunal is satisfied that (except for the absence of agreement on increasing the rent) subsection (1) applies to the tenancy. Section 28 replaced 1 October 2010 section 22 Residential Tenancies Amendment Act 2010
28A: Increase of rent by order in case of unforeseen expenses
The Tribunal may, on application by the landlord, make an order increasing the rent by any amount the Tribunal thinks fit if the landlord—
a: has incurred expenses in respect of the premises; and
b: the nature or the amount of those expenses could not reasonably have been foreseen when the rent was last fixed. Section 28A inserted 1 October 2010 section 22 Residential Tenancies Amendment Act 2010
28B: Effect of rent increases under section 28 or 28A
1: An increase of rent agreed or ordered under section 28 28A
2: An increase of rent agreed or ordered under section 28 28A section 25
a: does not affect the expiry date of that order; and
b: is to be treated as an amendment of that order.
3: Sections 28 28A sections 24 26 Section 28B inserted 1 October 2010 section 22 Residential Tenancies Amendment Act 2010
29: Receipts for rent
1: Subject to subsection (3), every person who receives any rent payable under or in respect of any tenancy agreement shall give or cause to be given to the person paying the rent a written receipt bearing—
a: the address of the premises, or an appropriate code or reference to identify the premises to which the payment relates; and
b: the amount and nature of the payment; and
c: the date of the payment; and
d: the name (if known) of the person who made the payment.
2: The receipt shall be given to the person paying the rent—
a: forthwith, where payment is made in cash; or
b: within 72 hours after payment, in any other case.
3: On the written request of the tenant, the landlord shall also give to the tenant a written statement of the period to which any payment of rent relates.
4: Nothing in subsection (1) shall apply—
a: to any rent paid out of a bank account in the name of the tenant by automatic payment through the bank or by way of a non-negotiable personal cheque or other similar non-negotiable instrument drawn on that account; or
b: to any rent paid by the tenant into any account nominated by the landlord and operated by the landlord exclusively in respect of the tenancy, or exclusively in respect of the tenancy and any other tenancies of the landlord; or
c: to any rent paid by way of deduction from the tenant's pay, or from any benefit to which the tenant is entitled under the Social Security Act 2018
5: Failure to give a receipt or written statement in accordance with this section is hereby declared to be an unlawful act.
6: A landlord who fails to comply with this section commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B 1973 No 26 s 23 Residential Tenancies Act 1978–1981 s 37 (SA) Section 29(4)﻿(b) replaced 1 May 1996 section 13 Residential Tenancies Amendment Act 1996 Section 29(4)﻿(c) amended 26 November 2018 section 459 Social Security Act 2018 Section 29(6) inserted 11 February 2021 section 20 Residential Tenancies Amendment Act 2020
30: Landlord to keep records
1: Every landlord under a tenancy to which this Act applies shall keep or cause to be kept proper business records showing—
a: all payments of rent paid by or on behalf of the tenant, sufficient to enable the landlord to comply within a reasonable time with any request made by the tenant under section 29(3)
b: any amount by way of bond paid by or on behalf of the tenant on or after 1 May 1996.
1A: The records must be kept for 7 tax years after the tax year to which they relate.
1B: In subsection (1A), tax year
a: the period of 9 months beginning with 1 July 2016 and ending with 31 March 2017; or
b: a later period of 12 months beginning with 1 April and ending with 31 March.
2: A landlord who fails to comply with this section—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Residential Tenancies Act 1978–1981 s 38 (SA) Section 30(1) replaced 1 May 1996 section 14 Residential Tenancies Amendment Act 1996 Section 30(1A) inserted 1 July 2016 section 10 Residential Tenancies Amendment Act 2016 Section 30(1B) inserted 1 July 2016 section 10 Residential Tenancies Amendment Act 2016 Section 30(2) replaced 11 February 2021 section 21 Residential Tenancies Amendment Act 2020
31: Apportionment of rent
1: The rent payable under a tenancy agreement shall accrue from day to day.
2: Upon termination of the tenancy, the rent shall be apportioned accordingly, and the appropriate amount shall be payable or recoverable forthwith. Residential Tenancies Act 1978–1981 s 40 (SA)
32: Accelerated rent or damages prohibited
1: Any provision in a tenancy agreement to the effect that, on breach by the tenant of any term of the agreement or of any of the provisions of this Act or of any other enactment, the tenant shall be liable to pay—
a: the whole or any part of the rent remaining payable under the agreement; or
b: rent of an increased amount; or
c: a sum specified in the agreement by way of damages or penalty,— shall be of no effect.
2: Any provision in a tenancy agreement to the effect that, if the tenant does not breach any term of the agreement or any of the provisions of this Act or of any other enactment, the rent shall or may be reduced or the tenant shall or may be granted or paid a rebate, refund, or other benefit, shall be construed as entitling the tenant to that reduction, rebate, refund, or other benefit in any event.
3: This section does not preclude a provision in a tenancy agreement requiring one party (the debtor creditor Residential Tenancies Act 1978–1981 s 59 (SA) Section 32(3) inserted 1 October 2010 section 23 Residential Tenancies Amendment Act 2010
33: Tenant's goods not to be seized
1: The landlord shall not be entitled to seize or dispose of any of the tenant's goods—
a: as security for or in payment of any amount owing by way of rent; or
b: for any other reason arising from the tenancy.
2: Seizing or disposing of any goods in contravention of subsection (1) is hereby declared to be an unlawful act.
3: Nothing in this section shall limit or affect the way in which any order of the Tribunal, or of any court on appeal from the Tribunal, may be enforced.
4: Nothing in this section applies to—
a: goods disposed of under any of sections 62 to 62C or in accordance with regulations made for the purposes of section 62(3A)
b: foodstuffs and other perishable goods if the landlord has reasonable cause to believe that the premises have been abandoned by the tenant. Section 33 replaced 1 May 1996 section 15 Residential Tenancies Amendment Act 1996 Section 33(4)﻿(a) amended 30 January 2021 section 27 Residential Tenancies Amendment Act 2019 Section 33(4)﻿(a) amended 1 October 2010 section 24 Residential Tenancies Amendment Act 2010
34: Transitional provision relating to bonds
Section 34 repealed 1 May 1996 section 16 Residential Tenancies Amendment Act 1996
35: Transitional provisions relating to fair rents and equitable rents
Section 35 repealed 1 May 1996 section 16 Residential Tenancies Amendment Act 1996 Rights and obligations of parties
36: Legal impediments to occupation
The landlord shall take all reasonable steps to ensure that, at the commencement of the tenancy, there is no legal impediment to the occupation of the premises for residential purposes. Residential Tenancies Act 1978–1981 s 45 (SA)
37: Vacant possession
1: The tenant shall have vacant possession of the premises on the date on which, in accordance with the tenancy agreement, the tenant is entitled to enter into occupation of the premises.
2: In this section premises Residential Tenancies Act 1978–1981 s 44 (SA)
38: Quiet enjoyment
1: The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having superior title to that of the landlord.
2: The landlord shall not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant.
3: Contravention of subsection (2) in circumstances that amount to harassment of the tenant is hereby declared to be an unlawful act.
3A: Without limiting the generality of subsection (3), the landlord commits an unlawful act under that subsection if the landlord enters the premises purportedly under section 48(2B)
4: In this section premises Residential Tenancies Act 1978–1981 s 47 (SA) Section 38(3A) inserted 1 July 2016 section 11 Residential Tenancies Amendment Act 2016
39: Responsibility for outgoings
1: The landlord is responsible for all outgoings in respect of the premises that—
a: are incurred whether or not the premises are occupied; and
b: are incurred for common facilities.
2: Without limiting the generality of subsection (1)
a: the general rate (within the meaning of section 13
b: insurance premiums payable in respect of the premises; and
c: any body corporate levies payable in respect of the premises.
3: The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.
4: Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises:
a: electricity and gas:
b: telephone and Internet:
c: supply of water if the water supplier charges for water provided to the premises on the basis of consumption.
5: In this section, premises Section 39 replaced 1 October 2010 section 25 Residential Tenancies Amendment Act 2010
40: Tenant's responsibilities
1: The tenant shall—
a: pay the rent as and when it is due and payable under the tenancy agreement; and
b: ensure that the premises are occupied principally for residential purposes; and
c: keep the premises reasonably clean and reasonably tidy; and
ca: comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A
d: notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs; and
e: on the termination of the tenancy,—
i: quit the premises; and
ii: remove all his or her goods from the premises; and
iii: leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish; and
iv: return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for the use of the tenant; and
v: leave in or at the premises all other chattels provided by the landlord for the use of the tenant.
2: The tenant shall not—
a: intentionally or carelessly damage, or permit any other person to damage, the premises; or
ab: cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004
b: use the premises, or permit the premises to be used, for any unlawful purpose; or
c: cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord's other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.
3: Where the tenancy agreement specifies a maximum number of persons that may ordinarily reside ordinarily reside
3A: The following are declared to be unlawful acts:
a: a failure, without reasonable excuse, to quit the premises in contravention of subsection (1)﻿(e)﻿(i):
b: a contravention of subsection (2)﻿(ab):
c: a contravention of subsection (2)﻿(b):
d: a contravention of subsection (2)﻿(c) in circumstances that amount to harassment of a tenant or a neighbour of the tenant:
e: a contravention, without reasonable excuse, of subsection (3).
3B: See sections 49A 49B
4:
5: In this section, unless the context otherwise requires, premises 1952 No 51 s 116D 1975 No 36 s 10 Residential Tenancies Act 1978–1981 ss 42, 43 (SA) Section 40(1)﻿(ca) inserted 1 July 2016 section 12 Residential Tenancies Amendment Act 2016 Section 40(1)﻿(e)﻿(iv) inserted 1 May 1996 section 18 Residential Tenancies Amendment Act 1996 Section 40(1)﻿(e)﻿(v) inserted 1 May 1996 section 18 Residential Tenancies Amendment Act 1996 Section 40(2)﻿(ab) inserted 1 October 2010 section 26(1) Residential Tenancies Amendment Act 2010 Section 40(3) amended 1 October 2010 section 26(2) Residential Tenancies Amendment Act 2010 Section 40(3A) inserted 1 October 2010 section 26(3) Residential Tenancies Amendment Act 2010 Section 40(3B) inserted 27 August 2019 section 6(1) Residential Tenancies Amendment Act 2019 Section 40(4) repealed 27 August 2019 section 6(2) Residential Tenancies Amendment Act 2019
41: Tenant's responsibility for actions of others
1: The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the landlord's behalf or with the landlord's authority) who is in the premises with the tenant's permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.
2: Where any person (other than the landlord or any person acting on the landlord's behalf or with the landlord's authority) intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he or she took all reasonable steps to prevent that person from entering the premises or (as the case may require) to eject that person from the premises. 1952 No 51 s 116E(6) 1975 No 36 s 10 Residential Tenancies Act 1978–1981 s 52 (SA)
42: Tenant's fixtures
, etc
1: The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except—
a: in accordance with the tenancy agreement; or
b: with the prior written consent of the landlord ( see section 42A
2:
3: The tenant may, at any time before the expiry of the tenancy, remove any fixture that the tenant has affixed to the premises during the term of the tenancy, unless the removal would cause irreparable damage to the premises.
4: Any fixtures affixed by the tenant to the premises but not removed by the tenant on the expiry of the tenancy become the property of the landlord.
5: Despite subsection (4), the tenant may remove any fixtures on or after the expiry of the tenancy if the tenant—
a: does so in accordance with an agreement or arrangement reached with the landlord; or
b: reasonably believes that he or she is entitled to do so because of anything the landlord has said or done.
6: If, on removing any fixture, the tenant causes any damage to the premises, the tenant must inform the landlord immediately and, at the landlord’s option, either repair the damage or compensate the landlord for any reasonable expenses incurred by the landlord in repairing the damage.
7: Subsections (3) to (6) do not apply in relation to a fixture that is a minor change. ( See instead section 42B(4) to (6) Residential Tenancies Act 1978–1981 s 50 (SA) Section 42 heading amended 11 February 2021 section 22(1) Residential Tenancies Amendment Act 2020 Section 42(1)﻿(b) amended 11 February 2021 section 22(2) Residential Tenancies Amendment Act 2020 Section 42(2) repealed 11 February 2021 section 22(3) Residential Tenancies Amendment Act 2020 Section 42(4) replaced 1 October 2010 section 27 Residential Tenancies Amendment Act 2010 Section 42(5) inserted 1 October 2010 section 27 Residential Tenancies Amendment Act 2010 Section 42(6) inserted 1 October 2010 section 27 Residential Tenancies Amendment Act 2010 Section 42(7) inserted 11 February 2021 section 22(4) Residential Tenancies Amendment Act 2020
42A: Consent for tenant’s fixtures, etc
1: The landlord must not unreasonably withhold consent for a fixture, renovation, alteration, or addition.
2: The landlord may impose reasonable conditions on the landlord’s consent.
3: If the tenant makes a written request for consent, the landlord must respond in writing within 21 days after receiving the request.
4: In the response, the landlord must indicate whether or not the landlord considers the fixture, renovation, alteration, or addition to be a minor change ( see section 42B(2)
5: If the landlord considers the fixture, renovation, alteration, or addition to be more than a minor change and the landlord needs more time to consider the request, the landlord may, in the written response under subsection (3)
6: A landlord who extends the time for responding under subsection (5)
7: A landlord commits an unlawful act if the landlord fails, without reasonable excuse, to comply with subsection (3), (4), or (6) Section 42A inserted 11 February 2021 section 23 Residential Tenancies Amendment Act 2020
42B: Minor changes
1: Without limiting section 42A(1)
2: In this section and section 42A minor change
a: presents no more than a low risk of material damage to the premises; and
b: would allow the premises to be returned easily to substantially the same condition; and
c: does not pose a risk to health and safety (including during work to install, remove, or undo the minor change) that cannot reasonably practicably be eliminated or minimised; and
d: does not compromise the structural integrity, weathertightness, or character of any building; and
e: would not have an unreasonable negative effect on any person’s enjoyment or use of any property outside the premises; and
f: does not require any regulatory consent (for example, a building consent); and
g: does not breach any obligation or restriction relevant to the premises (for example, an obligation or a restriction imposed by a bylaw, a planning or body corporate rule, or a covenant).
3: A landlord commits an unlawful act if the landlord withholds consent for a minor change.
4: If a minor change is made in accordance with a request under section 42A
5: Subsection (4)
6: A tenant who fails to comply with subsection (4) Section 42B inserted 11 February 2021 section 23 Residential Tenancies Amendment Act 2020
43: Disposition of landlord's interest
1: Where the landlord disposes of his or her interest in the premises to any other person (in this section referred to as the purchaser), the following provisions shall apply:
a: the landlord shall give to the tenant written notice of the disposition, including the name and contact address
b: until that notice is received by the tenant, the tenant shall not be obliged to pay any rent to the purchaser, and shall not be liable to the purchaser in any proceedings in respect of any sum paid to the landlord on account of rent:
c: from and after the date on which the tenant receives that notice, or such later date as may be specified in the notice, the tenant shall pay to the purchaser all sums due and payable by way of rent in respect of any period commencing after that date:
d: subject to any lawful claim made to the Tribunal before the date of settlement, the landlord's interest in any bond paid by the tenant shall pass to the purchaser on the earlier of the date of settlement or the date of possession.
1A: The following must also be included in the notice under subsection (1)﻿(a) if known to the landlord:
a: the purchaser’s contact mobile telephone number (if any):
b: the purchaser’s contact email address (if any).
2: Nothing in subsection (1)﻿(a) or (1A) section 15 Section 43(1)﻿(a) amended 1 May 1996 section 19(1) Residential Tenancies Amendment Act 1996 Section 43(1)﻿(d) inserted 1 May 1996 section 19(2) Residential Tenancies Amendment Act 1996 Section 43(1A) inserted 1 July 2016 section 13(1) Residential Tenancies Amendment Act 2016 Section 43(2) amended 1 July 2016 section 13(2) Residential Tenancies Amendment Act 2016 Section 43(2) amended 1 May 1996 section 19(3) Residential Tenancies Amendment Act 1996
43A: Effect of provision prohibiting assignment by tenant
1: A provision in a tenancy agreement that prohibits the tenant from assigning the tenancy is of no effect.
2: However, if the tenancy agreement relates to a tenancy described in section 53B(1)﻿(a) Section 43A inserted 11 February 2021 section 24 Residential Tenancies Amendment Act 2020
43B: Assignment of tenancy by tenant
1: A tenant may, at any time during the tenancy, assign the tenancy—
a: with the prior written consent of the landlord; and
b: in accordance with any reasonable conditions attached to that consent by the landlord.
2: Subsection (1) section 43A(2)
3: A tenant commits an unlawful act if the tenant assigns the tenancy—
a: without the prior written consent of the landlord; or
b: if the tenancy is a tenancy described in section 53B(1)﻿(a) section 43A(2)
4: If a tenant makes a written request for the landlord’s consent to an assignment and the request identifies, and includes contact details for, the proposed assignee, the landlord must respond in writing to the request within a reasonable period of time.
5: A landlord who, without reasonable excuse, fails to comply with subsection (4)
6: The landlord must not—
a: withhold consent unreasonably; or
b: attach any unreasonable conditions to the consent.
7: A landlord’s consent must not be taken to have been withheld unreasonably if, instead of consenting to an assignment, the landlord offers to accept a surrender of the tenancy on reasonable terms.
8: A landlord’s consent must be taken to have been withheld unreasonably if the withholding of the consent is an unlawful act under section 12 Section 43B inserted 11 February 2021 section 24 Residential Tenancies Amendment Act 2020
43C: Effect of assignment by tenant
1: A tenant who assigns the tenancy with the consent of the landlord and in accordance with any conditions attached to the consent ceases, on the date on which the assignment takes effect, to be responsible to the landlord for the obligations imposed on the tenant by the agreement and this Act.
2: Subsection (1) Section 43C inserted 11 February 2021 section 24 Residential Tenancies Amendment Act 2020
44: Subletting or parting
1: There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting
2: In the absence of such a provision, the tenant may at any time during the tenancy sublet or otherwise part
2A: A tenant commits an unlawful act if he or she sublets or otherwise parts
a: in contravention of a provision of the kind described in subsection (1); or
b: in any other case, without the prior written consent of the landlord.
3: The landlord shall not withhold that consent unreasonably, nor attach any unreasonable conditions to it.
4: Without limiting subsection (3), a landlord's consent shall be taken to have been withheld unreasonably if the withholding of the consent is an unlawful act under section 12 (discrimination to be unlawful act)
5: Nothing in this section applies to the assignment of a tenancy by a tenant ( see sections 43A to 43C
6: 1952 No 51 s 110 1965 No 16 s 3 1975 No 36 s 9(1) Residential Tenancies Act 1978–1981 s 52 (SA) Section 44 heading amended 11 February 2021 section 25(1) Residential Tenancies Amendment Act 2020 Section 44 heading amended 1 October 2010 section 28(1) Residential Tenancies Amendment Act 2010 Section 44(1) amended 11 February 2021 section 25(2) Residential Tenancies Amendment Act 2020 Section 44(2) amended 11 February 2021 section 25(3) Residential Tenancies Amendment Act 2020 Section 44(2) amended 1 October 2010 section 28(2) Residential Tenancies Amendment Act 2010 Section 44(2A) inserted 1 October 2010 section 28(3) Residential Tenancies Amendment Act 2010 Section 44(2A) amended 11 February 2021 section 25(4) Residential Tenancies Amendment Act 2020 Section 44(4) replaced 1 May 1996 section 5(2) Residential Tenancies Amendment Act 1996 Section 44(4) amended 11 February 2021 section 25(5) Residential Tenancies Amendment Act 2020 Section 44(5) replaced 11 February 2021 section 25(6) Residential Tenancies Amendment Act 2020 Section 44(6) repealed 11 February 2021 section 25(6) Residential Tenancies Amendment Act 2020
44A: Recovery of expenses incurred by landlord
1: A landlord who consents to an assignment under section 43B section 44 section 50(1)﻿(d)
2: A landlord who seeks to recover expenses from a tenant in accordance with subsection (1)
3: A landlord who takes any step to recover expenses referred to in subsection (1)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 44A inserted 11 February 2021 section 26 Residential Tenancies Amendment Act 2020
45: Landlord's responsibilities
1: The landlord shall—
a: provide the premises in a reasonable state of cleanliness; and
b: provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
ba: comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A
bb: comply with the healthy homes standards; and
bc:
bd: comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)﻿(c)
c: comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and
ca: if the premises do not have a reticulated water supply, provide adequate means for the collection and storage of water; and
d: compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—
i: the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and
ii: the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so; and
e: take all reasonable steps to ensure that none of the landlord's other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.
1AA: Subsection (1AAB) applies to a landlord of premises if—
a: the landlord knows that tests carried out in accordance with prescribed methods have established that the premises are contaminated; and
b: the premises have not been decontaminated in accordance with the relevant prescribed decontamination process.
1AAB: If this subsection applies—
a: and the premises have not yet been provided to the tenant, the landlord must not provide the premises to the tenant until the premises have been decontaminated in accordance with a relevant prescribed decontamination process:
b: and the tenant has already been provided with the premises, the landlord may continue to provide the premises to the tenant (under that tenancy or any extension or renewal of that tenancy) only if the premises are being decontaminated in accordance with a relevant prescribed decontamination process and any rules prescribed under section 138C(3)﻿(f)
1AAC: Subsections (1AA) and (1AAB) do not limit subsection (1), but see also section 45A
1A: Failure by the landlord to comply with any of paragraphs (a) to (ca) of subsection (1) is declared to be an unlawful act.
1AB: A contravention by the landlord of subsection (1AAB) is declared to be an unlawful act.
1AC: If the tenant requests the landlord to provide information described in section 123A(1)﻿(e)
1AD: A landlord who, without reasonable excuse, fails to comply with subsection (1AC)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
1B:
1C:
2: The landlord shall not interfere with the supply of gas, electricity, water, telephone services, or other services to the premises, except where the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
2A: A contravention by the landlord of subsection (2) is declared to be an unlawful act.
2B: The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.
2C: If anything changes so that the insurance information that was provided in accordance with subsection (2B)
a: provide the tenant with a copy of the correct information; or
b: if the premises are no longer insured, provide the tenant with a statement that they are not insured.
2D: A landlord’s failure to comply with subsection (2B) or (2C)
3: The provisions of subsections (1) to (1AAB)
4: Nothing in subsections (1) to (1AAB) section 40
5: In this section premises 1952 No 51 s 116H 1975 No 36 s 10 Residential Tenancies Act 1978–1981 s 46(1), (2), (4) (SA) Section 45(1)﻿(ba) inserted 1 July 2016 section 14(1) Residential Tenancies Amendment Act 2016 Section 45(1)﻿(bb) replaced 1 July 2019 section 5(1) Healthy Homes Guarantee Act 2017 Section 45(1)﻿(bc) repealed 1 July 2019 section 5(2) Healthy Homes Guarantee Act 2017 Section 45(1)﻿(bd) inserted 30 January 2021 section 28(1) Residential Tenancies Amendment Act 2019 Section 45(1)﻿(ca) inserted 1 October 2010 section 29(1) Residential Tenancies Amendment Act 2010 Section 45(1)﻿(d)﻿(ii) replaced 1 October 2010 section 29(2) Residential Tenancies Amendment Act 2010 Section 45(1AA) inserted 30 January 2021 section 28(2) Residential Tenancies Amendment Act 2019 Section 45(1AAB) inserted 30 January 2021 section 28(2) Residential Tenancies Amendment Act 2019 Section 45(1AAC) inserted 30 January 2021 section 28(2) Residential Tenancies Amendment Act 2019 Section 45(1A) inserted 1 October 2010 section 29(3) Residential Tenancies Amendment Act 2010 Section 45(1AB) inserted 30 January 2021 section 28(3) Residential Tenancies Amendment Act 2019 Section 45(1AC) inserted 11 February 2021 section 27 Residential Tenancies Amendment Act 2020 Section 45(1AD) inserted 11 February 2021 section 27 Residential Tenancies Amendment Act 2020 Section 45(1B) repealed 1 July 2019 section 5(2) Healthy Homes Guarantee Act 2017 Section 45(1C) repealed 1 July 2019 section 5(2) Healthy Homes Guarantee Act 2017 Section 45(2A) inserted 1 October 2010 section 29(4) Residential Tenancies Amendment Act 2010 Section 45(2B) inserted 27 August 2019 section 7 Residential Tenancies Amendment Act 2019 Section 45(2C) inserted 27 August 2019 section 7 Residential Tenancies Amendment Act 2019 Section 45(2D) inserted 27 August 2019 section 7 Residential Tenancies Amendment Act 2019 Section 45(3) amended 30 January 2021 section 28(4) Residential Tenancies Amendment Act 2019 Section 45(4) amended 30 January 2021 section 28(4) Residential Tenancies Amendment Act 2019
45A: Protection from liability for landlord who complies with contaminant regulations
1: Subsection (2) applies to a landlord of premises during any period where—
a: a contaminant is present at the premises, but either—
i: the premises are not contaminated with the contaminant; or
ii: unknown to the landlord, the premises are contaminated with the contaminant; and
b: regulations made under section 138C(3)﻿(c)
2: The landlord (having complied with those regulations during that period) is not liable, under this Act, for not having provided the tenant with clean or habitable premises during that period on the basis of the presence of the contaminant in the premises.
3: For the purpose of this section, a landlord knows that premises are contaminated only if the landlord knows that tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated. Section 45A inserted 30 January 2021 section 29 Residential Tenancies Amendment Act 2019
45B: Landlord must permit and facilitate installation of fibre connection in certain circumstances
1: The landlord must permit the installation of a fibre connection in the premises if—
a: there is no fibre connection in the premises; and
b: it is possible to install a fibre connection in the premises; and
c: the tenant requests a fibre connection; and
d: the fibre connection can be installed at no cost to the landlord (for example, because the cost is covered by the UFB Initiative).
2: However, a landlord is not required to permit the installation of a fibre connection—
a: if installation would materially compromise the weathertightness or the character of any building; or
b: if installation would compromise the structural integrity of any building; or
c: if installation would breach an obligation or a restriction that is relevant to the premises (for example, an obligation or a restriction imposed by a bylaw, a planning or body corporate rule, or a covenant); or
d: if—
i: the landlord is to carry out extensive alterations, refurbishment, repairs, or redevelopment of the premises; and
ii: the work is to begin, or material steps towards it are to be taken, within 90 days after the date on which the landlord receives a request for the installation of fibre from the tenant; and
iii: the installation would impede that work; or
e: if the Tribunal, on application by the landlord, determines that, due to the circumstances of the premises or the installation, the landlord should not be required to provide for the installation of a fibre connection in the premises.
3: A landlord who is required to permit the installation of a fibre connection must take all reasonable steps to facilitate the installation within a reasonable period of time.
4: If a tenant makes a written request for the installation of a fibre connection, the landlord must respond within 21 days after receiving the request.
5: If a network operator makes a written request for consent or information from the landlord, the landlord must respond to the request within 21 days after receiving the request.
6: A landlord commits an unlawful act if the landlord, without reasonable excuse, fails to comply with subsection (3), (4), or (5)
7: In this section,— fibre connection fibre fixed line access service network operator UFB Initiative section 5 material steps section 51(2A) Section 45B inserted 11 February 2021 section 28 Residential Tenancies Amendment Act 2020
46: Locks
1: The landlord shall provide and maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure.
2: Neither the landlord nor the tenant shall alter any existing lock or similar device, or add to or remove from the premises any lock or similar device, without the consent of the other given at the time that, or a reasonable time before, the alteration, removal, or addition is carried out.
3: Failure to comply with subsection (1), and contravention of subsection (2), without reasonable excuse, is each hereby declared to be an unlawful act. Residential Tenancies Act 1978–1981 s 48 (SA)
47: Landlord to give notice to tenant
if premises put on market
1: If, at any time after entering into a tenancy agreement, the landlord puts the premises on the market for the purposes of sale or other disposition, the landlord must , as soon as practicable,
2: When a landlord is offering residential premises as available for letting, the landlord shall inform prospective tenants if the premises are on the market for the purposes of sale or other disposition.
3: A landlord who fails to comply with subsection (1) or (2) commits an unlawful act.
4: A landlord who fails to comply with subsection (2) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Section 47 heading amended 11 February 2021 Residential Tenancies Amendment Act 2020 Section 47(1) amended 11 February 2021 section 29(2)﻿(a) Residential Tenancies Amendment Act 2020 Section 47(1) amended 11 February 2021 section 29(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 47(2) inserted 1 May 1996 section 20 Residential Tenancies Amendment Act 1996 Section 47(3) inserted 11 February 2021 section 29(3) Residential Tenancies Amendment Act 2020 Section 47(4) inserted 11 February 2021 section 29(3) Residential Tenancies Amendment Act 2020
48: Landlord's right of entry
1: The landlord shall not enter the premises during the currency of the tenancy agreement, except—
a: with the consent of the tenant freely
b: in any of the circumstances described in subsections (2) to (3)
2: The landlord may enter the premises—
a: in any case of emergency; or
b: for the purpose of inspecting the premises, at any time between 8 o'clock in the morning and 7 o'clock in the evening on a day specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry, and not more frequently than once in any period of 4 weeks; or
ba: for the purpose of testing for the presence of contaminants or taking samples for such testing (except where the testing or sample taking is part of a prescribed decontamination process) at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it (including stating the contaminants to be tested for) at least 48 hours but not more than 14 days before the intended entry; or
c: for the purpose of determining whether or not—
i: the tenant has, within the period allowed by the landlord, completed satisfactorily any work required by the landlord to be done by the tenant to remedy any breach by the tenant of any of the provisions of the tenancy agreement or of this Act; or
ii: the tenant has, within the agreed period, completed satisfactorily any work agreed to be done by the tenant,— at any time between 8 o'clock in the morning and 7 o'clock in the evening on any day (after the expiry of the period allowed for the work) specified in a notice given to the tenant not less than 48 hours nor more than 14 days before the intended entry; or
ca: for the purpose of complying, or preparing to comply, with any requirements in respect of smoke alarms imposed, or prospectively imposed, on landlords by regulations made under section 138A
cb: for the purpose of complying, or preparing to comply, with the healthy homes standards (including any prospective requirements of those standards), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or
cc: without limiting paragraph (d), for the purpose of carrying out decontamination work to the premises, and attending to such other matters required if decontaminating in accordance with a prescribed process (including any testing or sample taking as part of that prescribed process), at any time between 8 o’clock in the morning and 7 o’clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry; or
d: for the purpose of carrying out necessary repairs to or necessary maintenance of, the premises, at any time between 8 o'clock in the morning and 7 o'clock in the evening of any day, after giving to the tenant notice of the intended entry and the reason for it at least 24 hours before the intended entry ; or
da: for the purpose of providing services agreed to under the tenancy agreement, but only if the entry complies with any conditions specified in the tenancy agreement; or
e: pursuant to an order of the Tribunal.
2A: Subsection (2B) applies if—
a: there is rent that is at least 14 days in arrear; and
b: the landlord has reasonable cause to believe that the tenant has abandoned the premises.
2B: The landlord may enter the premises for the purpose of confirming whether the tenant has abandoned the premises at any time specified in a notice given to the tenant not less than 24 hours before the intended entry.
3: With the prior consent of the tenant, the landlord may enter the premises at any reasonable time for the purpose of showing the premises—
a: to prospective tenants; or
b: to prospective purchasers; or
c: to a registered valuer engaged in the preparation of a report on the premises; or
d: to a real estate agent engaged in appraising, evaluating, or selling or otherwise disposing of the premises; or
e: to an expert engaged in appraising or evaluating the premises; or
f: to a person who is authorised to inspect the premises under any enactment.
3A: For the purposes of subsection (3), the tenant—
a: may not withhold his or her consent unreasonably; and
b: may make the consent subject to any reasonable conditions.
3B: If premises are entered for the purpose of testing for the presence of contaminants or taking samples for such testing (including as part of any decontamination process), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results.
4: The following are each hereby declared to be unlawful acts:
a: entry upon the premises by the landlord other than as permitted by or under any of subsections (1) to (3):
b: failure by the tenant, without reasonable excuse, to allow the landlord to enter upon the premises in any circumstances in which the landlord is entitled to enter under subsections (2) to (3)
c: failure by the landlord to notify, or to provide results to, the tenant as required under subsection (3B).
4A: A landlord who fails to notify, or to provide results to, the tenant as required under subsection (3B) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
5: Notwithstanding anything in subsections (2) to (4)
6: Every landlord who breaches subsection (5) commits an offence and is liable on conviction $3,000
7: In this section premises
8: Nothing in this section shall apply in respect of any tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971 1952 No 51 s 116G 1975 No 36 s 10 Residential Tenancies Act 1978–1981 s 49 (SA) Section 48(1)﻿(a) amended 1 October 2010 section 30(1) Residential Tenancies Amendment Act 2010 Section 48(1)﻿(b) amended 1 July 2016 section 15(1) Residential Tenancies Amendment Act 2016 Section 48(2)﻿(ba) inserted 27 August 2019 section 30(1) Residential Tenancies Amendment Act 2019 Section 48(2)﻿(c) replaced 1 May 1996 section 21(1) Residential Tenancies Amendment Act 1996 Section 48(2)﻿(ca) replaced 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 48(2)﻿(cb) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 48(2)﻿(cc) inserted 30 January 2021 section 30(2) Residential Tenancies Amendment Act 2019 Section 48(2)﻿(d) amended 1 May 1996 section 21(2) Residential Tenancies Amendment Act 1996 Section 48(2)﻿(da) inserted 1 October 2010 section 30(2) Residential Tenancies Amendment Act 2010 Section 48(2)﻿(e) inserted 1 May 1996 section 21(2) Residential Tenancies Amendment Act 1996 Section 48(2A) inserted 1 July 2016 section 15(3) Residential Tenancies Amendment Act 2016 Section 48(2B) inserted 1 July 2016 section 15(3) Residential Tenancies Amendment Act 2016 Section 48(3) replaced 1 October 2010 section 30(3) Residential Tenancies Amendment Act 2010 Section 48(3A) inserted 1 October 2010 section 30(3) Residential Tenancies Amendment Act 2010 Section 48(3B) inserted 27 August 2019 section 30(3) Residential Tenancies Amendment Act 2019 Section 48(4) replaced 1 May 1996 section 21(4) Residential Tenancies Amendment Act 1996 Section 48(4)﻿(b) amended 1 July 2016 section 15(4) Residential Tenancies Amendment Act 2016 Section 48(4)﻿(c) inserted 11 February 2021 section 30(1) Residential Tenancies Amendment Act 2020 Section 48(4A) inserted 11 February 2021 section 30(2) Residential Tenancies Amendment Act 2020 Section 48(5) amended 1 July 2016 section 15(5) Residential Tenancies Amendment Act 2016 Section 48(6) amended 11 February 2021 section 30(3) Residential Tenancies Amendment Act 2020 Section 48(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
49: Mitigation of damage or loss
Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. Residential Tenancies Act 1978–1981 s 60 (SA) Responsibility for damage Heading inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019
49A: General principle
1: Except as provided in section 49B
a: meet the cost of making good any destruction of, or damage to, the premises; or
b: indemnify the landlord against the cost of making good the destruction or damage; or
c: pay damages related to the destruction or damage; or
d: carry out any works to make good the destruction or damage.
2: A tenant is not, in any case, liable for fair wear and tear. Section 49A inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019
49B: When tenant liable
1: A tenant is not excused from liability or obligation by section 49A(1)
a: the destruction or damage was intentionally done or caused by the tenant or by a person for whose actions the tenant is responsible under section 41 66L
b: the destruction or damage was the result of an act or omission by the tenant or by a person for whose actions the tenant is responsible under section 41 66L
2: To the extent provided in subsection (3) section 41 66L subsection (1)
3: The tenant’s liability under subsection (2)
a: if the property is insured against the destruction or damage, to the lesser of the applicable excess under the insurance and whichever of the following is applicable:
i: if the tenant pays an income-related rent within the meaning of section 2(1)
ii: in any other case, the rent under the tenancy agreement for a period of 4 weeks; or
b: otherwise, to whichever of the following is applicable:
i: if the tenant pays an income-related rent within the meaning of section 2(1)
ii: in any other case, the rent under the tenancy agreement for a period of 4 weeks.
4: However,—
a: if any insurance moneys that would otherwise have been payable because of the destruction or damage are irrecoverable because of an act or omission of the tenant or of a person for whose actions the tenant is responsible under section 41 66L subsection (3) subsection (3)﻿(b) subsection (2)
b: see also clause 19 subsection (3)﻿(b) subsection (2)
5: To avoid doubt, a tenant’s liability under subsection (2) subsection (3)
6: Unless the damage is the result of an action described in subsection (1) section 42(6) subsection (3)
7: Destruction or damage of which the landlord becomes aware after this section comes into force is presumed to have occurred after this section came into force unless the tenant proves otherwise.
8: If any destruction of, or damage to, the premises is proved to have occurred during any tenancy to which this Act applies,—
a: it is for the landlord to prove—
i: that any damage is not fair wear and tear; and
ii: that any destruction or damage occurred in circumstances described in subsection (1)﻿(b)
iii: that any insurance moneys are irrecoverable for the reasons described in subsection (4)﻿(a)
b: it is for the tenant to prove—
i: that any destruction or damage was not intentionally done or caused as described in subsection (1)﻿(a)
ii: that any destruction or damage was not caused by a careless act or omission described in subsection (2) Section 49B inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019
49C: Landlord, not insurer, to benefit from tenant liability for careless damage
1: An insurer of the premises against destruction or damage has no right or claim in relation to a tenant’s liability under section 49B(2) or (6)
2: If an insured receives or is entitled to receive any money or benefit arising out of a tenant’s liability under section 49B(2) or (6) Section 49C inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019
49D: Unlawful acts related to liability
It is declared to be an unlawful act for a landlord—
a: to demand, request, or accept from the tenant—
i: payment of an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability in accordance with section 49B
ii: the carrying out of any works to make good destruction of, or damage to, the premises the value of which exceeds the tenant’s liability in accordance with section 49B
b: to propose to, or enter into with, the tenant an agreement under which the tenant is obligated—
i: to pay an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability under section 49B
ii: to carry out any works to make good the destruction or damage if the value of the works exceeds the tenant’s liability under section 49B Section 49D inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019
49E: Meaning of premises
In sections 49A to 49D premises Section 49E inserted 27 August 2019 section 8 Residential Tenancies Amendment Act 2019 Termination of tenancies and recovery of possession
50: Circumstances in which tenancies are terminated
1: Subject in the case of a subtenancy to section 57
a: in the case of a fixed-term tenancy, on the expiry of the term of the tenancy or, if any of sections 55AA 56A(1) 58(1)﻿(d), (da) 58A 59 59A 59B
ab: on the death of a sole tenant under a tenancy agreement or a sole tenant under a boarding house tenancy agreement, in accordance with section 50A 66W
ac: by the sole tenant under a fixed-term tenancy or periodic tenancy giving notice of withdrawal under section 56B
b: in the case of a periodic tenancy to which a right of termination under any of sections 51 to 53B 55AA 56A(1) 58(1)﻿(c) 59 to 59B
ba: in the case of a boarding house tenancy to which a right of termination under any of sections 52 to 53A 58(1)﻿(c) 59 to 59B 66U 66V 66X
c: where the tenant acquires the landlord's interest in the premises:
d: where the tenant surrenders the tenancy, or delivers up vacant possession of the premises, to the landlord with the landlord's written consent:
e: by disclaimer, by any person having lawful power to disclaim:
f: by order of the Tribunal pursuant to the powers conferred on it by this Act.
2: No right of termination to which subsection (1) Residential Tenancies Act 1978–1981 s 61(1) (SA) Section 50(1)﻿(a) replaced 1 October 2010 section 31 Residential Tenancies Amendment Act 2010 Section 50(1)﻿(a) amended 31 March 2023 section 226 Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 Section 50(1)﻿(a) amended 11 August 2021 section 31(2) Residential Tenancies Amendment Act 2020 Section 50(1)﻿(a) amended 30 January 2021 section 31 Residential Tenancies Amendment Act 2019 Section 50(1)﻿(a) amended 27 August 2019 section 9 Residential Tenancies Amendment Act 2019 Section 50(1)﻿(ab) inserted 1 October 2010 section 31 Residential Tenancies Amendment Act 2010 Section 50(1)﻿(ac) inserted 11 August 2021 section 31(3) Residential Tenancies Amendment Act 2020 Section 50(1)﻿(b) replaced 11 February 2021 section 31(1) Residential Tenancies Amendment Act 2020 Section 50(1)﻿(b) amended 11 August 2021 section 31(4) Residential Tenancies Amendment Act 2020 Section 50(1)﻿(ba) inserted 11 February 2021 section 31(1) Residential Tenancies Amendment Act 2020 Section 50(2) inserted 11 February 2021 section 31(5) Residential Tenancies Amendment Act 2020
50A: Termination following death of sole tenant
1: On the death of a sole tenant under a tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), the tenancy agreement terminates on the earliest of the following dates:
a: the date that is the 21st day after the date on which the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant:
b: the date that is the 21st day after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement:
c: the date that is agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin:
d: the date determined as the termination date of the tenancy agreement by the Tribunal on the application of the landlord under subsection (2).
2: If a landlord is unable to give notice to vacate under subsection (1)﻿(b), the landlord may apply, without notice, to the Tribunal for an order to terminate the tenancy. Residential Tenancies Act 1997 s 228 (Vic) Section 50A inserted 1 October 2010 section 32 Residential Tenancies Amendment Act 2010
51: Termination by notice
1: A landlord may terminate a periodic tenancy by giving at least 63 days’ notice if—
a: the owner of the premises requires the premises, within 90 days after the termination date, as the principal place of residence for at least 90 days for the owner or a member of the owner’s family; or
b: the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of the landlord or by contractors under contracts for services with the landlord, and—
i: that fact is clearly stated in the tenancy agreement; and
ii: the premises are required for that use; or
c: the landlord customarily uses the premises, or has acquired the premises, for occupation by employees of a school board of trustees or by contractors under contracts for services with a school board of trustees, and—
i: that fact is clearly stated in the tenancy agreement; and
ii: the premises are required for that use; and
iii: the landlord is the Ministry of Education.
2: A landlord may terminate a periodic tenancy by giving at least 90 days’ notice if—
a: the premises are to be put on the market by the owner within 90 days after the termination date for the purposes of sale or other disposition; or
b: the owner is required, under an unconditional agreement for the sale of the premises, to give the purchaser vacant possession; or
c: the landlord is not the owner of the premises and the landlord’s interest in the premises is due to end; or
d: the landlord or owner has acquired the premises to facilitate the use of nearby land for a business activity and—
i: that fact is clearly stated in the tenancy agreement; and
ii: the premises are required to be vacant of residential tenants to facilitate that use; or
e: the premises are to be converted into commercial premises for at least 90 days by the landlord or owner; or
f: extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and—
i: it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and
ii: the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date; or
g: the premises are to be demolished and the demolition is to begin, or material steps towards it are to be taken, within 90 days after the termination date.
2A: In subsection (2)﻿(f) and (g) material step
2B: A tenant may terminate a periodic tenancy in any case by giving at least 28 days’ notice.
3: Every notice to terminate a tenancy shall—
a: be in writing; and
b: identify the premises to which it relates; and
c: specify the date by which the tenant is to vacate the premises; and
ca: if the notice is given by the landlord,
d: be signed by the party giving the notice, or by that party's agent.
4: In a notice to terminate a tenancy, no special form of words shall be required; and no such notice shall be held invalid for any failure to comply strictly with the requirements of subsection (3) so long as the notice is in writing, the intention to terminate the tenancy on a particular date or on the expiry of a particular period is stated clearly in the notice, and that any non-compliance is not such as to mislead or affect unjustly the interests of the recipient.
5: A notice to terminate a tenancy may be given on any day, and the period of notice may be expressed to expire on any day, regardless of the date on which the tenancy commenced or of any date on which any rent is to be paid.
6: A party who has given an effective notice to terminate a tenancy—
a: may, at any time before the expiry of the period of notice, revoke the notice with the consent of the other party; but
b: may give a further notice to terminate the tenancy only if the prior notice is revoked.
7: Where a party has given a notice to terminate the tenancy and subsequently realises that, because of—
a: some error in the way in which the period of the notice or the date of the expiry of that period is expressed in the notice; or
b: some delay in serving the notice,— the period of notice given is less than the minimum prescribed by subsection (1) or (as the case may require) subsection (2) or (2B)
8: Every notice given under subsection (7) shall comply with the requirements of subsection (3).
9: The Tribunal shall not give its consent under subsection (7) unless it is satisfied—
a: that the error in the notice or the delay in serving the notice was inadvertent; and
b: that the party who gave the notice has sought to correct the matter as soon as practicable after realising that the period of notice given is inadequate; and
c: that it would not be unfair to the other party to allow the original notice to be varied in the manner proposed.
10: In subsections (1) and (2) termination date Residential Tenancies Act 1978–1981 ss 62, 64(1)﻿(ca), (2), 65, 69, 70 (SA) Section 51(1) replaced 11 February 2021 section 32(1) Residential Tenancies Amendment Act 2020 Section 51(2) replaced 11 February 2021 section 32(1) Residential Tenancies Amendment Act 2020 Section 51(2A) inserted 11 February 2021 section 32(1) Residential Tenancies Amendment Act 2020 Section 51(2B) inserted 11 February 2021 section 32(1) Residential Tenancies Amendment Act 2020 Section 51(3)﻿(ca) inserted 1 October 2010 section 33(5) Residential Tenancies Amendment Act 2010 Section 51(3)﻿(ca) amended 11 February 2021 section 32(2) Residential Tenancies Amendment Act 2020 Section 51(6) replaced 1 October 2010 section 33(6) Residential Tenancies Amendment Act 2010 Section 51(7) amended 11 February 2021 section 32(3) Residential Tenancies Amendment Act 2020 Section 51(10) inserted 11 February 2021 section 32(4) Residential Tenancies Amendment Act 2020
52: Provision for shorter notice may be made with consent of Tribunal
With the consent of the Tribunal, the parties to a tenancy agreement may provide for the termination of the tenancy by the giving of notice of a specified period (being less than that required by section 51
53: Special provisions for notice terminating service tenancies
1: The landlord or the tenant may terminate a service tenancy by giving at least 14 days’ notice
2: Where the contract of service or, as the case requires, contract for services
a: the landlord believes on reasonable grounds that the tenant will cause substantial damage to the premises if the tenant is permitted to remain for 14 days; or
b: it is necessary for the conduct of the landlord's business where the tenant was employed that a replacement employee be appointed within less than 14 days and no suitable alternative accommodation is available for the replacement worker during the period of 14 days.
3: No notice under this section shall have effect to terminate a service tenancy on a date preceding the date on which the termination of the contract of service or, as the case requires, contract for services
4: Where the tenant of a service tenancy dies leaving any dependant residing in the premises, the landlord may terminate the tenancy by giving at least 14 days’ notice
5: However, in any case to which subsection (4) applies, the landlord may terminate the tenancy by giving at least 5 days’ notice
5A: Section 50A
6: Without limiting anything in subsections (2) to (5), in respect of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971
7: In any proceedings before the Tribunal in which the validity of a notice purporting to have been given under this section is in issue, the following provisions shall apply:
a: whether the contract of service or, as the case requires, contract for services
b: it shall be for the landlord to establish to the satisfaction of the Tribunal the matters referred to in paragraphs (a) and (b) of subsection (2), and in subsection (5):
c: in the case of a service tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971 Section 53(1) replaced 1 October 2010 section 34(1) Residential Tenancies Amendment Act 2010 Section 53(1) amended 11 February 2021 section 33(1) Residential Tenancies Amendment Act 2020 Section 53(2) amended 1 October 2010 section 34(2) Residential Tenancies Amendment Act 2010 Section 53(3) amended 1 October 2010 section 34(2) Residential Tenancies Amendment Act 2010 Section 53(4) amended 11 February 2021 section 33(2) Residential Tenancies Amendment Act 2020 Section 53(5) amended 11 February 2021 section 33(3) Residential Tenancies Amendment Act 2020 Section 53(5A) inserted 1 October 2010 section 34(3) Residential Tenancies Amendment Act 2010 Section 53(7)﻿(a) amended 1 October 2010 section 34(2) Residential Tenancies Amendment Act 2010
53A: Special provisions for notice terminating certain student tenancies
1: In this section, student tenancy section 10(1)
a: a student; or
b: a student of a particular educational institution.
2: The landlord of a student tenancy, or the tenant of a student tenancy, may terminate the tenancy by giving at least 14 days’ notice
3: In any proceedings before the Tribunal in which the validity of a notice under subsection (2) is in issue, the question of when the tenant ceased to be eligible to be a tenant under the tenancy is a question of fact to be determined by the Tribunal. Section 53A inserted 1 October 2010 section 35 Residential Tenancies Amendment Act 2010 Section 53A(1) amended 1 August 2020 section 668 Education and Training Act 2020 Section 53A(2) amended 11 February 2021 section 34 Residential Tenancies Amendment Act 2020
53B: Special provisions for notice terminating social housing tenancies
1: The landlord under a periodic tenancy may terminate the tenancy by giving at least 90 days’ notice if—
a: the tenancy—
i: was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or
ii: was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992
b: following the grant of the tenancy,—
i: the social housing provider is notified under section 103
ii: in the case of community housing, the community housing provider ceases to be a registered community housing provider; or
iii: the social housing provider requires the tenant to transfer to different social housing provided by that provider, and the provider considers that—
A: the transfer is necessary or desirable for any reason; and
B: the other housing is appropriate for the tenant’s housing needs as most recently assessed (regardless of when that assessment took place).
2: In this section,— agency community housing community housing provider Kāinga Ora housing registered community housing provider social housing social housing provider section 2(1) as most recently assessed
a: as most recently assessed by the agency and notified to the provider under section 103
b: if there has been no such assessment and notification under that section in relation to the tenant, as most recently assessed by HNZ HNZ section 2(1) Section 53B inserted 11 February 2021 section 35 Residential Tenancies Amendment Act 2020
54: Tribunal may declare retaliatory notice of no effect
1: Within 28 section 51 (or, in the case of a boarding house tenancy, section 66U
2: If, on any such application, the Tribunal is satisfied that the landlord was so motivated in giving the notice, it shall declare the notice to be of no effect unless the Tribunal is satisfied that the purported exercise by the tenant of any such right, power, authority, or remedy, or the making by the tenant of any such complaint, was or would be vexatious or frivolous to such an extent that the landlord was justified in giving the notice.
3: The giving of a notice terminating a tenancy is an unlawful act if the notice is declared under subsection (2) to be of no effect. Residential Tenancies Act 1978–1981 ss 66 (SA) Section 54(1) amended 1 July 2016 section 16(1) Residential Tenancies Amendment Act 2016 Section 54(1) amended 1 October 2010 section 36 Residential Tenancies Amendment Act 2010 Section 54(3) inserted 1 July 2016 section 16(2) Residential Tenancies Amendment Act 2016
55: Termination on non-payment of rent, damage, or assault
1: Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that—
a: the rent was, at the date on which the application was filed under section 86
aa: the tenancy is a periodic tenancy and—
i: on 3 separate occasions within a 90-day period the rent has been at least 5 working days in arrear; and
ii: on each occasion the landlord gave the tenant written notice advising the tenant of the arrear, the dates for which rent was overdue, the amount or amounts of overdue rent, and the tenant’s right to make an application to the Tribunal challenging the notice ( see sections 77(1) 78(1)﻿(a
iii: each notice stated how many other notices (if any) the landlord had given the tenant under this paragraph in relation to the same tenancy and 90-day period; and
iv: the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice; or
b: the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or
c: the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:
i: the landlord or any member of the landlord’s family:
ii: the owner of the premises or any member of the owner’s family:
iii: any agent of the landlord:
iv: any occupier of any building of which the premises constitute a part:
v: any neighbour of the premises or of any building of which the premises constitute a part.
1A: Notwithstanding section 78(3) under subsection (1)﻿(a)
a: the tenant will pay any rent in arrear within a period specified by the Tribunal; and
b: it is unlikely that the tenant will commit any further breach of a kind to which any of paragraphs (a), (b), and (c) of subsection (1)
1B: Any conditional order referred to in subsection (1A)—
a: shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and
b: shall automatically take effect as a final termination order if the conditions are not complied with; and
c: shall lapse if the conditions are complied with.
2: The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)﻿(b)
3: It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the tenancy.
4: In this section premises Section 55(1)﻿(aa) inserted 11 February 2021 section 36(1) Residential Tenancies Amendment Act 2020 Section 55(1)﻿(c) replaced 1 October 2010 section 37 Residential Tenancies Amendment Act 2010 Section 55(1A) inserted 1 May 1996 section 22(1) Residential Tenancies Amendment Act 1996 Section 55(1A) amended 11 February 2021 section 36(2) Residential Tenancies Amendment Act 2020 Section 55(1A)﻿(b) amended 11 February 2021 section 36(3) Residential Tenancies Amendment Act 2020 Section 55(1B) inserted 1 May 1996 section 22(1) Residential Tenancies Amendment Act 1996 Section 55(2) amended 27 August 2019 section 11 Residential Tenancies Amendment Act 2019 Section 55(4) inserted 1 May 1996 section 22(2) Residential Tenancies Amendment Act 1996
55AA: Termination by notice for physical assault by tenant
1: A landlord may terminate a fixed-term or periodic tenancy by giving at least 14 days’ notice to the tenant if—
a: the tenant has physically assaulted the landlord, the owner, a member of the landlord’s or owner’s family, or the landlord’s agent; and
b: a charge has been filed in respect of the physical assault against the tenant by or on behalf of the Crown.
2: For the purpose of subsection (1)﻿(b), a charge has been filed in respect of a physical assault if the particulars of the charge describe a physical assault against a person referred to in subsection (1)﻿(a), regardless of the offence that is specified in the charge.
3: A notice to terminate a tenancy under this section must—
a: be in the approved form and include the prescribed information; and
b: be accompanied by qualifying evidence of the matters in subsection (1)﻿(b)
c: advise the tenant of the tenant’s right to make an application to the Tribunal challenging the notice ( see sections 77(1) 78(1)﻿(a)
d: be signed by the landlord or the landlord’s agent.
4: If the tenant makes an application to the Tribunal challenging the notice, it is for the landlord to prove that the physical assault occurred and that the notice met the requirements of subsection (3)
5: If the tenant makes an application to the Tribunal challenging the notice before the tenancy is terminated, the tenancy does not terminate under this section except in accordance with an order of the Tribunal.
6: In this section,— charge section 14 physical assault qualifying evidence
a: a declaration in the approved form made by a person who is prescribed, or is of a class prescribed, for the purposes of this subsection; or
b: evidence, in the approved form, of a prescribed type. Section 55AA inserted 11 August 2021 section 37 Residential Tenancies Amendment Act 2020
55A: Termination for anti-social behaviour
1: A landlord under a periodic tenancy may apply to the Tribunal for an order terminating the tenancy on the ground of anti-social behaviour.
2: The Tribunal must (subject to subsection (3)
a: on 3 separate occasions within a 90-day period the tenant, or a person in the premises with the tenant’s permission (other than the landlord or a person acting on the landlord’s behalf or with the landlord’s authority), engaged in anti-social behaviour in connection with the tenancy; and
b: on each occasion the landlord gave the tenant written notice—
i: describing clearly which specific behaviour was considered to be anti-social and (if known to the landlord) who engaged in it; and
ii: advising the tenant of the date, approximate time, and location of the behaviour; and
iii: stating how many other notices (if any) the landlord has given the tenant under this paragraph in connection with the same tenancy and the same 90-day period; and
iv: advising the tenant of the tenant’s right to make an application to the Tribunal challenging the notice ( see sections 77(1) 78(1)﻿(a)
c: the landlord’s application to the Tribunal was made within 28 days after the landlord gave the third notice.
3: However, the Tribunal must not make the order if satisfied that—
a: doing so would be unfair because of the circumstances in which the behaviour occurred or the notices were given; or
b: in making the application, the landlord was motivated wholly or partly by the exercise or proposed exercise by the tenant of any right, power, authority, or remedy conferred on the tenant by the tenancy agreement or by this or any other Act or any complaint by the tenant against the landlord relating to the tenancy (unless the Tribunal is satisfied that the purported exercise or the complaint was or would be vexatious or frivolous to such an extent that the landlord was justified in making the application).
4: In deciding whether to make an order under subsection (2)
5: In subsection (2)﻿(a)
6: If a tenant makes an application to the Tribunal challenging a notice given under subsection (2)﻿(b) subsection (2)﻿(a) subsection (2)﻿(b)
7: In this section, anti-social behaviour
a: harassment; or
b: any other act or omission (whether intentional or not), if the act or omission reasonably causes alarm, distress, or nuisance that is more than minor. Section 55A inserted 11 February 2021 section 38 Residential Tenancies Amendment Act 2020
55B: Termination where it would be unreasonable to require landlord to continue with tenancy
1: A landlord under a periodic tenancy may apply to the Tribunal for an order terminating the tenancy on the ground of hardship.
2: The Tribunal may make the order only if satisfied that—
a: without the order the landlord would suffer greater hardship than the tenant; and
b: because of that hardship, it would be unreasonable to require the landlord to continue with the tenancy.
3: In deciding whether it would be unreasonable to require the landlord to continue with the tenancy, the Tribunal must take into account the impact that terminating the tenancy would have on the tenant.
4: Any order under this section must specify a date for the termination. Section 55B inserted 11 February 2021 section 38 Residential Tenancies Amendment Act 2020
56: Termination for non-payment of rent and other breaches
1: On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that—
a: the other party has committed a breach of any of the provisions of the tenancy agreement (including provisions relating to the payment of rent)
b: in the case of a breach capable of remedy,—
i: the applicant gave to the other party a notice specifying the nature of the breach complained of and requiring the other party to remedy the breach within a reasonable period, being not less than 14 days
ii: the other party failed to remedy the default within the required period; and
c: that the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy.
2: Where an application is made by a landlord under this section and the Tribunal is satisfied that at the time of determining the matter the landlord could have made an application under section 55 Section 56 heading replaced 1 October 2010 section 38(1) Residential Tenancies Amendment Act 2010 Section 56(1)﻿(a) amended 1 October 2010 section 38(2) Residential Tenancies Amendment Act 2010 Section 56(1)﻿(b)﻿(i) amended 1 October 2010 section 38(3) Residential Tenancies Amendment Act 2010 Section 56(2) inserted 1 May 1996 section 23 Residential Tenancies Amendment Act 1996
56A: Termination where premises are unlawful residential premises
1: A tenant of premises that at the start of the tenancy were, and that remain, unlawful residential premises may terminate the tenancy by giving not less than 2 days’ notice to the landlord.
2: Without limiting subsection (1)
3: The Tribunal may make the order if section 78A Section 56A inserted 27 August 2019 section 12 Residential Tenancies Amendment Act 2019
56B: Withdrawal from tenancy following family violence
1: A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if—
a: the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and
b: the notice is in the approved form and includes the prescribed information.
2: If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates.
3: If there are other tenants ( remaining tenants
a: the tenant withdrawing from the tenancy (the withdrawing tenant
b: the tenancy continues in relation to the remaining tenants only; and
c: the withdrawing tenant must give each remaining tenant notice of the withdrawal no later than the close of the day that is 2 days after the date of the withdrawal; and
d: the amount of rent for which the remaining tenants are liable is reduced as set out in subsection (5) subsection (6)
4: A failure to comply with subsection (3)﻿(c)
5: For the period of 2 weeks beginning with the day after the date of the withdrawal, the rent payable for the premises is reduced to an amount calculated in accordance with the following formula: a = b ÷ c × d where— a is the rent payable for the 2-week period b is the rent that would otherwise have been payable for the 2-week period c is the number of tenants immediately before the withdrawal d is the number of remaining tenants.
6: However, the amount of rent is not reduced under subsection (5)
a: the rent payable under the tenancy by the remaining tenants is income-related rent; or
b: the tenancy is a PACHMA tenancy prescribed, or of a class prescribed, for the purposes of this subsection; or
c: the tenancy, or the landlord under the tenancy, is prescribed, or of a class prescribed, for the purposes of this subsection.
7: Neither a rent reduction under subsection (5) sections 13B 13C
8: In this section,— family violence section 9 income-related rent Kāinga Ora housing social housing section 2(1) PACHMA tenancy
a: was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or
b: was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 qualifying evidence
a: a declaration in the approved form made by a person who is prescribed, or is of a class prescribed, for the purposes of this subsection; or
b: evidence, in the approved form, of a prescribed type. Section 56B inserted 11 August 2021 section 39 Residential Tenancies Amendment Act 2020
56C: Service of notices of withdrawal and accompanying evidence
1: Despite section 136(6)
a: if a notice of withdrawal under section 56B(1) section 56B(1)﻿(a) section 136
b: if a notice of withdrawal under section 56B(3)﻿(c) section 136
2: Despite section 136(7)
a: if a notice of withdrawal under section 56B(1) section 56B(1)﻿(a) section 136
b: if a notice of withdrawal under section 56B(3)﻿(c) section 136 Section 56C inserted 11 August 2021 section 39 Residential Tenancies Amendment Act 2020
56D: Termination where it would be unreasonable to require remaining tenant to continue with tenancy
1: A tenant under a fixed-term tenancy from which another tenant withdraws under section 56B
2: The Tribunal may make the order only if satisfied that,—
a: as a result of the withdrawal, the tenant who made the application is suffering, or will suffer, hardship; and
b: that hardship is or will be greater than the hardship that the landlord would suffer if the tenancy were terminated; and
c: because of the hardship, it would be unreasonable to require the tenant to continue with the tenancy.
3: Any application under this section must be made before the end of the period of 60 days beginning with the day after the date of the withdrawal.
4: Any order under this section must specify a date for the termination. Section 56D inserted 11 August 2021 section 39 Residential Tenancies Amendment Act 2020
56E: Disclosure of notice of withdrawal or accompanying evidence
1: A landlord, or a person or class of person prescribed for the purposes of section 56B(8) section 56B(1) subsection (2)
2: The disclosure is permitted if it—
a: is with the consent of the tenant who gave the notice; or
b: is for the purpose of seeking legal advice; or
c: is for the purposes of, or in connection with, any legal proceedings or procedure under this or any other Act to settle a dispute between the landlord and the tenant, or between the landlord and a guarantor of the tenant, in relation to the tenancy; or
d: is of a type, or in circumstances, prescribed by regulations for the purposes of this section; or
e: is otherwise authorised or required by or under any enactment or rule of law.
3: A person who contravenes subsection (1) Section 56E inserted 11 August 2021 section 39 Residential Tenancies Amendment Act 2020
57: Effect on subtenancy of termination of head tenancy
1: Except as provided in subsections (2) and (3), where any premises are subject to a tenancy and 1 or more subtenancies, on the termination of the tenancy each subtenancy shall be deemed to be terminated.
2: Where—
a: the landlord has consented to a subletting by the tenant to a subtenant; and
b: the landlord is giving to the tenant notice to terminate the tenancy in accordance with section 51 section 52 the landlord may, on the same date, give a copy of the notice to the subtenant, in which case the notice shall have effect to terminate the subtenancy on the date on which the tenancy will terminate.
3: Subject to subsection (2), where the landlord gives to the tenant notice to terminate the tenancy in accordance with section 51 section 52
a: the subtenancy shall continue notwithstanding the giving or expiry of that notice:
b: for the purposes of sections 15 , 21A 43
c: the landlord under the tenancy shall have the same rights (if any) as the sublandlord had under the subtenancy agreement or this Act to give notice terminating the subtenancy or to apply to the Tribunal for an order terminating the subtenancy or for an order for possession of the premises:
d: if, on the expiry of the notice given in respect of the tenancy, the subtenancy is still subsisting, the subtenancy shall be deemed to be a tenancy granted by the landlord to the subtenant. Section 57(3)﻿(b) amended 1 May 1996 section 10(2) Residential Tenancies Amendment Act 1996
58: Mortgagee or other person becoming entitled to possession
1: Where a mortgagee or other person becomes entitled (as against the landlord) to possession of the premises, the following provisions shall apply:
a: the tenancy shall continue notwithstanding that the mortgagee or other person has become entitled (as against the landlord) to possession of the premises:
b: for the purposes of sections 15 , 21A 43
c: the mortgagee or other person shall have the same rights (if any) as the landlord had under the tenancy agreement or this Act to give notice terminating the tenancy or to apply to the Tribunal for an order terminating the tenancy or for an order for possession of the premises:
d: without limiting paragraph (c), but subject to paragraph (e), in the case of a fixed-term tenancy, the mortgagee or other person shall have the same right to give notice terminating the tenancy as the landlord would have had if the tenancy had been a periodic tenancy:
da: in the case of a fixed-term tenancy, the tenant has the same right to give notice terminating the tenancy as the tenant would have had if the tenancy had been a periodic tenancy:
e: paragraph (d) shall not apply where the mortgagee or other person is bound by the tenancy or consented in writing to its creation.
2: Subsection (1) shall apply notwithstanding anything to the contrary in the Property Law Act 2007 Land Transfer Act 1952 Residential Tenancies Act 1978–1981 s 61(1)﻿(c)–(2)﻿(c) (SA) Section 58(1)﻿(b) amended 1 May 1996 section 10(2) Residential Tenancies Amendment Act 1996 Section 58(1)﻿(da) inserted 1 October 2010 section 39 Residential Tenancies Amendment Act 2010 Section 58(2) amended 1 January 2008 section 364(1) Property Law Act 2007
58A: Termination of tenancies in respect of build-to-rent land
1: This section applies if a tenant has accepted an offer—
a: for a fixed-term tenancy of at least 10 years in respect of build-to-rent land; or
b: for an extension or renewal of such a tenancy, provided that the extension or renewal is for at least 10 years.
2: The tenant may terminate the tenancy by giving at least 56 days’ notice to the landlord.
3: In this section, build-to-rent land
a: land as described in paragraph (a) of the definition of build-to-rent land section YA 1
b: includes land that, at any time after it first meets the description referred to in paragraph (a), fails to meet that description. Section 58A inserted 31 March 2023 section 227 Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023
59: Destruction of premises
1: Where, otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy)
a: the rent shall abate accordingly; and
b: either party may give notice to the other terminating the tenancy.
2: Where a landlord gives notice of termination under subsection (1), the period of notice shall be not less than 7 days.
3: Where a tenant gives notice of termination under subsection (1), the period of notice shall be not less than 2 days.
4: Where, otherwise than as a result of a breach of the tenancy agreement, the premises are partially destroyed, or part of the premises is so seriously damaged as to be uninhabitable,—
a: the rent shall abate accordingly; and
b: either party may apply to the Tribunal for an order terminating the tenancy, and the Tribunal may make such an order if it is satisfied that it would be unreasonable to require the landlord to reinstate the property or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.
5: This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B Residential Tenancies Act 1978–1981 s 71 (SA) Section 59(1) amended 1 October 2010 section 40 Residential Tenancies Amendment Act 2010 Section 59(5) inserted 30 January 2021 section 33 Residential Tenancies Amendment Act 2019
59A: Termination where breach renders premises uninhabitable
1: This section applies if, as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy) by a party, the premises are destroyed or are so seriously damaged as to be uninhabitable.
2: If the tenant is not in breach, the rent abates.
3: The party who is not in breach may give notice to the other party terminating the tenancy.
4: When a landlord gives notice of termination under this section, the period of notice is not less than 7 days.
5: When a tenant gives notice of termination under this section, the period of notice is not less than 2 days.
6: This section does not apply in relation to damage that is contamination by a contaminant if regulations prescribe a relevant method of testing for, and a relevant maximum inhabitable level of, that contaminant (but see section 59B Section 59A inserted 1 October 2010 section 41 Residential Tenancies Amendment Act 2010 Section 59A(6) inserted 30 January 2021 section 34 Residential Tenancies Amendment Act 2019
59B: Termination where regulations prescribe testing methods and maximum inhabitable level of contaminant
1: This section applies if testing in accordance with a relevant prescribed method establishes contamination by a contaminant, in any part of the premises, at a level that is above a relevant maximum inhabitable level prescribed for that contaminant.
2: If the contamination has occurred as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy),—
a: the whole of the premises is treated as uninhabitable; and
b: if the tenant is not in breach, the rent abates; and
c: the party who is not in breach may give notice to the other party terminating the tenancy.
3: If the contamination has occurred otherwise than as a result of a breach of the tenancy agreement (whether for a fixed-term tenancy or a periodic tenancy), then, unless subsection (4) applies,—
a: the whole of the premises is treated as uninhabitable; and
b: the rent abates; and
c: either party may give notice to the other terminating the tenancy.
4: However, for the purposes of subsection (3), if the only part of the premises that is established to be contaminated above the maximum inhabitable level is a remote and inconsequential part of the premises ( see
a: the rent abates accordingly; and
b: either party may apply to the Tribunal for an order terminating the tenancy.
5: On an application under subsection (4)﻿(b), the Tribunal may make an order terminating the tenancy if it is satisfied that it would be unreasonable to require the landlord to decontaminate the premises or (as the case may require) to require the tenant to continue with the tenancy albeit at a reduced rent.
6: Where a landlord gives notice of termination under this section, the period of notice is not less than 7 days.
7: Where a tenant gives notice of termination under this section, the period of notice is not less than 2 days.
8: In this section, a part of the premises is remote and inconsequential
a: it is physically located away from, or physically closed off to, the rest of the premises in a way that is likely to prevent the spread of the contaminant to the rest of the premises (or is capable of being, and, after contamination is established, is, physically removed from or physically closed off to the rest of the premises in a way that is likely to prevent that spread); and
b: the rest of the premises can reasonably be used, without that part, as residential premises under the tenancy agreement. Section 59B inserted 30 January 2021 section 35 Residential Tenancies Amendment Act 2019
60: Tenant remaining in possession after termination of tenancy
1: Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of the tenant shall continue in force as if the tenancy were still subsisting until such time as the tenant ceases to occupy the premises.
2: If the landlord permits the tenant to remain in the premises for more than 90 days after the tenancy has terminated or has been terminated, without obtaining a possession order, or for more than 90 days after obtaining a possession order, the landlord shall be deemed to have granted, and the tenant shall be deemed to have accepted, as from the date on which that period of 90 days expired, a periodic tenancy of the premises on the same terms and conditions as pertained to the original tenancy immediately before its termination.
3: The landlord shall not be taken to have permitted the tenant to remain in possession, or to have given up the right to proceed under this Act in respect of any breach of the tenant's obligations, merely because the landlord accepts payment of rent in respect of any period after the tenancy has been terminated. Residential Tenancies Act 1978–1981 s 61(2) (SA)
60AA: Landlord acting to terminate tenancy without grounds
A landlord commits an unlawful act if they give or purport to give a notice to terminate to the tenant or apply or purport to apply to the Tribunal for an order terminating the tenancy knowing that they are not entitled, under this Act, to give the notice or to make the application. Section 60AA inserted 11 February 2021 section 40 Residential Tenancies Amendment Act 2020
60A: Fixed-term tenancy becomes periodic unless contrary notice given
1: On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy.
2: However, the tenancy does not continue as a periodic tenancy if,—
a: before the expiry, the parties renew or extend the existing tenancy agreement; or
b: before the expiry, the parties agree not to continue with the tenancy; or
c: at least 28 days before the expiry, the tenant gives the landlord written notice of the tenant’s intention not to continue with the tenancy; or
d: before the expiry, a party gives notice as mentioned in any of section 50(1)﻿(a) to (b)
3: Subsection (4)
a: a tenancy continues as a periodic tenancy under subsection (1); but
b: before the continuation, a party gave notice as mentioned in any of section 50(1)﻿(a) to (b)
4: The tenancy is terminated with effect from that time (and the termination is to be treated as falling within the relevant paragraph of section 50(1)
5:
6: Section 60A inserted 1 October 2010 section 42 Residential Tenancies Amendment Act 2010 Section 60A(2) replaced 11 February 2021 section 41 Residential Tenancies Amendment Act 2020 Section 60A(3) replaced 11 February 2021 section 41 Residential Tenancies Amendment Act 2020 Section 60A(4) replaced 11 February 2021 section 41 Residential Tenancies Amendment Act 2020 Section 60A(5) repealed 11 February 2021 section 41 Residential Tenancies Amendment Act 2020 Section 60A(6) repealed 11 February 2021 section 41 Residential Tenancies Amendment Act 2020
60B: Tenant must exercise right to renew or extend tenancy not later than
28 days
1: A tenant who wishes to exercise a right under the tenancy agreement to require the landlord to grant the tenant a renewal or an extension of the tenancy must exercise that right by giving the landlord written notice, in accordance with this section, of the tenant’s intention to exercise the right.
2: The tenant must give notice of the tenant’s intention not later than the 28th day
3: On an application, made before or after the expiry of the tenancy, by a tenant who has failed to comply with subsection (1) or (2) but who wishes to renew or extend the tenancy, the Tribunal may order the renewal or extension of the tenancy.
4: The Tribunal may make an order under subsection (3) only if satisfied that, without the order, the tenant would suffer greater hardship than the landlord.
5: If the Tribunal makes an order under subsection (3), the Tribunal may order that the tenant pay the landlord an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the landlord that has resulted from the tenant’s failure to comply with subsection (1) or (2). Section 60B inserted 1 October 2010 section 42 Residential Tenancies Amendment Act 2010 Section 60B heading amended 11 February 2021 section 42(1) Residential Tenancies Amendment Act 2020 Section 60B(2) amended 11 February 2021 section 42(2) Residential Tenancies Amendment Act 2020
60C: Notices and orders continue to apply to renewed or extended tenancies
1: This section applies to a tenancy (the current tenancy previous tenancy
2: The rent payable at the commencement of the current tenancy in respect of that tenancy—
a: is the rent that is payable under the previous tenancy immediately before the commencement of the current tenancy; and
b: is subject to any lawful notice or order, given or made before the commencement of the current tenancy, that varies that rent on or after that commencement; and
c: may be increased only if any of sections 24 to 28B Section 60C inserted 1 October 2010 section 42 Residential Tenancies Amendment Act 2010
61: Abandonment of premises
1: On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent is in arrear.
2: Where the Tribunal makes an order under subsection (1) in respect of a periodic tenancy, it shall determine, as best it can on the evidence before it, the date on which the landlord first became aware, or ought reasonably to have become aware, that the tenant had abandoned the premises, and shall specify that date in the order.
3: A tenant who abandons the premises shall, notwithstanding any rule of law to the contrary, be liable to pay the rent for any period up to and including, but not after, the following date:
a: in the case of a periodic tenancy,—
i: the date of the expiry of the period of 28 days
ii: the date of commencement of a new tenancy of the premises,— whichever is the earlier:
b: in the case of a fixed-term tenancy,—
i: the date of the expiry of the term; or
ii: the date of commencement of a new tenancy of the premises,— whichever is the earlier.
3A: Subsection (3) does not apply if section 78A
4: Nothing in section 49
5: It is declared that a tenant commits an unlawful act if, without reasonable excuse, he or she abandons the premises when the rent is in arrear.
6: A process for dealing with applications under subsection (1) within 10 working days and without a hearing is set out in section 91AA Section 61(3)﻿(a)﻿(i) amended 11 February 2021 section 43 Residential Tenancies Amendment Act 2020 Section 61(3A) inserted 27 August 2019 section 13 Residential Tenancies Amendment Act 2019 Section 61(5) inserted 1 October 2010 section 43 Residential Tenancies Amendment Act 2010 Section 61(6) inserted 1 July 2016 section 17 Residential Tenancies Amendment Act 2016
62: Goods left on premises on termination of tenancy
1: Where, on the termination of the tenancy, the tenant leaves on the premises foodstuffs or other perishable goods, the landlord may, immediately after taking possession of the premises, dispose of those goods in any way the landlord thinks fit.
2: If the tenant leaves on the premises goods that are neither foodstuffs nor other perishable goods, the landlord must, immediately after taking possession of the premises, make all reasonable efforts to contact the tenant and to agree with the tenant on a period within which the tenant is to collect the goods.
3: If the landlord is unable to contact the tenant or to agree on a period with the tenant, or if the tenant fails to collect the goods within the agreed period, the landlord must ensure that any personal documents belonging to the tenant are stored securely and must deal with the other goods either—
a: in accordance with section 62A
b: by securing them in safe storage and by applying to the Tribunal in accordance with section 62B
3A: However, if tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated, and regulations under this Act prescribe a process (and associated duties) for dealing with the goods, subsection (3) does not apply and those regulations must instead be complied with.
4: In this section, premises Section 62 replaced 1 October 2010 section 44 Residential Tenancies Amendment Act 2010 Section 62(3A) inserted 30 January 2021 section 36 Residential Tenancies Amendment Act 2019
62A: Disposal of abandoned goods following assessment of market value
1: The landlord may deal with the goods to which section 62(3)
2: If the assessment under subsection (1) indicates that any of the goods have a value below the cost of storing, transporting, and selling them, the landlord may immediately dispose of those goods in any way the landlord thinks fit.
3: If the assessment under subsection (1) indicates that any of the goods have a value above the cost of storing, transporting, and selling them, the landlord must secure those goods in safe storage for not less than 35 days from the date on which the landlord first took possession of those goods.
4: If, before the landlord disposes of the goods under subsection (5), the tenant claims the goods and any personal documents belonging to the tenant or claims either the goods or the documents,—
a: the landlord may require the tenant to pay the landlord’s actual and reasonable costs arising out of the storage of the goods; and
b: the landlord must release to the tenant any goods and personal documents claimed by the tenant, subject to payment of any costs required under paragraph (a); and
c: the tenant must give the landlord a receipt for any goods and personal documents released to the tenant.
5: If, after the period of 35 days specified in subsection (3), the goods or any personal documents belonging to the tenant remain unclaimed, the landlord must—
a: continue to secure those goods and personal documents in safe storage to await any claims by the tenant under subsection (4); or
b: do the following:
i: take any personal documents belonging to the tenant to the nearest Police station and obtain a receipt for them from a Police employee; and
ii: sell the other goods by public auction or by private contract at a reasonable market price.
6: If the landlord has sold the goods under subsection (5)﻿(b)﻿(ii), the landlord may apply to the Tribunal for an order specifying the amount (if any) owing to the landlord out of the proceeds of sale. Section 62A inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010
62B: Disposal of abandoned goods in accordance with Tribunal order
1: The landlord may apply to the Tribunal for an order for the disposal of the goods to which section 62(3)
2: On an application under subsection (1), the Tribunal must make an order—
a: for the return of the goods to the tenant; or
b: if that is not practicable, for the sale or other disposition of the goods.
3: Without limiting section 78(3)
4: If the Tribunal makes an order for the sale of goods under this section, the order must state the amount owing (if any) to the landlord out of the proceeds of sale. Section 62B inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010
62C: Application of proceeds of sale and recovery of amount owing
1: In this section, amount owing
a: where the landlord has sold the goods under section 62A(5)﻿(b)﻿(ii) section 62A(6)
b: where there is an order by the Tribunal under section 62A(6) 62B(4)
2: The landlord may deduct any amount owing from the proceeds of any sale under section 62A(5)﻿(b)﻿(ii) section 62B(2)﻿(b)
3: The landlord must pay the proceeds of any sale, less any deduction made under subsection (2), to the chief executive, and the chief executive must pay those proceeds into the Residential Tenancies Trust Account.
4: To the extent that any amount owing to the landlord is not fully reimbursed under subsection (2), the landlord may seek reimbursement, in accordance with section 22 22A 22B
5: To the extent that any amount owing to the landlord is not fully reimbursed under subsections (2) and (4), the landlord may recover those costs from the tenant. Section 62C inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010
62D: Tenant may claim proceeds of sale
At any time within 1 year after the date of a sale under section 62A(5)﻿(b)﻿(ii) section 62B(2)﻿(b) Section 62D inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010
62E: Responsibility of tenant unaffected
Sections 62A to 62D and any regulations made for the purposes of section 62(3A) section 40(1)﻿(e) Section 62E inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010 Section 62E amended 30 January 2021 section 37 Residential Tenancies Amendment Act 2019
62F: Protection from liability
1: The landlord is not liable in respect of goods sold or disposed of under section 62 62A or in accordance with regulations section 62B or in accordance with regulations
2: Any goods sold under section 62A(5)﻿(b)﻿(ii) or in accordance with regulations, section 62B(2)﻿(b) or in accordance with regulations,
3: In this section, regulations section 62(3A) Section 62F inserted 1 October 2010 section 44 Residential Tenancies Amendment Act 2010 Section 62F(1) amended 30 January 2021 section 38(1) Residential Tenancies Amendment Act 2019 Section 62F(2) amended 30 January 2021 section 38(2) Residential Tenancies Amendment Act 2019 Section 62F(3) inserted 30 January 2021 section 38(3) Residential Tenancies Amendment Act 2019
63: Entry without order of Tribunal prohibited
1: No person shall enter into possession of any residential premises in the occupation of a tenant except with the consent of the tenant or pursuant to an order for possession made by the Tribunal and duly enforced in accordance with section 106
2: Notwithstanding anything in section 57 section 106 on conviction to a fine not exceeding $3,000 Residential Tenancies Act 1978–1981 s 80 (SA) Section 63(2) amended 11 February 2021 section 44 Residential Tenancies Amendment Act 2020 Section 63(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 63(2) amended 1 October 2010 section 45 Residential Tenancies Amendment Act 2010
64: Possession orders
1: Subject to subsection (2), on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person.
2: No possession order may be made more than 90 days
3: Every order of the Tribunal made under any of sections 55 55A to 56A 59 59B 61
4: No possession order (including an order of a kind referred to in subsection (3)) shall be capable of being filed under section 106 90 days
a: the date of the order; or
b: in the case of a conditional order under section 55(1A) section 78(3) section 88(2) Section 64(2) amended 1 October 2010 section 46 Residential Tenancies Amendment Act 2010 Section 64(3) amended 11 February 2021 section 45 Residential Tenancies Amendment Act 2020 Section 64(4) replaced 1 May 1996 section 25 Residential Tenancies Amendment Act 1996 Section 64(4) amended 12 December 2012 section 5 Residential Tenancies Amendment Act 2012
65: Eviction of squatters
1: Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the premises as a squatter or trespasser, or otherwise than pursuant to any right of occupation granted to that person by any person having lawful authority to grant that right to that other person, the Tribunal shall make a possession order granting possession of the premises to the applicant.
2: Nothing in subsection (1) shall limit or affect the provisions of the Trespass Act 1980
3: To avoid doubt, the Tribunal has jurisdiction under this section even though the premises are not subject to a tenancy agreement. Section 65(3) inserted 1 October 2010 section 47 Residential Tenancies Amendment Act 2010
66: Reduction
or termination
1: On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant's circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.
2: Where the Tribunal makes an order under subsection (1)
3: On an application by a tenant who is a party to a fixed-term tenancy, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the tenant has received a notice of a rent increase that—
a: is substantial; and
b: is of an amount that the tenant could not reasonably foresee when he or she entered into the tenancy agreement; and
c: has caused, or will cause, serious hardship.
4: On an application by a tenant who is party to a fixed-term tenancy of premises held in a stratum estate under the Unit Titles Act 2010
a: the tenant is adversely affected by a change to the body corporate operational rules made under that Act; and
b: because of that change, it would be unreasonable to require the tenant to continue with the tenancy. Residential Tenancies Act 1980 s 113 (Vic) Section 66 replaced 1 May 1996 section 27 Residential Tenancies Amendment Act 1996 Section 66 heading amended 1 October 2010 section 48(1) Residential Tenancies Amendment Act 2010 Section 66(2) amended 1 October 2010 section 48(2) Residential Tenancies Amendment Act 2010 Section 66(3) inserted 1 October 2010 section 48(3) Residential Tenancies Amendment Act 2010 Section 66(4) inserted 1 October 2010 section 48(3) Residential Tenancies Amendment Act 2010
2A: Boarding house tenancies
Part 2A inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Application Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66A: Application of Part
1: This Part sets out special provisions that apply only to boarding house tenancies.
2: The following provisions do not apply to boarding house tenancies unless otherwise specifically applied:
a: section 7
b: section 9(1) and (2)
c: sections 36 to 42 43A to 45A 46 to 49
d: sections 50A 51 55 to 57
e: section 61
f: section 64
3: When applying other provisions to boarding house tenancies, terms that are defined in section 66B Section 66A inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66A(2)﻿(c) replaced 11 February 2021 section 46 Residential Tenancies Amendment Act 2020
66B: Interpretation for this Part
In this Part, unless the context otherwise requires,— boarding house
a: containing 1 or more boarding rooms along with facilities for communal use by the tenants of the boarding house; and
b: occupied, or intended by the landlord to be occupied, by at least 6 tenants at any one time boarding house tenancy
a: that is intended to, or that does in fact, last for 28 days or more; and
b: under which the tenant is granted exclusive rights to occupy particular sleeping quarters in the boarding house, and has the right to the shared use of the facilities of the boarding house boarding house tenancy agreement section 2(1) boarding room contact person facilities
a: toilet and bathroom facilities:
b: cooking facilities:
c: general living, dining, or recreational areas:
d: laundry facilities:
e: lifts and stairways:
f: rubbish storage and rubbish disposal facilities:
g: appliances for heating or cooling premises:
h: communication facilities:
i: lawns, gardens, and outhouses:
j: any land or buildings intended for use for storage space or for the parking of motor vehicles premises Section 66B inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Boarding house tenancy agreements Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66C: Content of boarding house tenancy agreements
1: A boarding house tenancy agreement must comply with the requirements in section 13A
a: a statement of whether the tenancy is intended to last for 28 days or more:
b: 1 or more telephone numbers at which the landlord may be contacted by the tenant at any reasonable time:
c: the room number of the boarding room to which the tenancy agreement relates:
d: a statement as to whether the boarding room that the tenant is renting is shared by other tenants and, if so, the maximum number of other tenants who may occupy the room:
e: a statement of whether the tenancy is a joint tenancy and, if so, the names of the other people who will occupy the boarding room under the tenancy agreement:
f: a statement of the services (if any) to be provided by the landlord:
g: if the premises are managed by a person other than the landlord, the name and contact address (which must include a telephone number) of that person:
h: a description of the fire evacuation procedures that apply to the premises.
2: A boarding house tenancy agreement may, in addition, provide for the tenant to supply, for the purposes of sections 62 to 62B 66X Residential Tenancies Act 1997 s 125 (Vic) Section 66C inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66D: Bond of 1 week’s rent or less
1: If 1 week’s rent or less is received as bond under a boarding house tenancy,—
a: the bond need not be lodged with the chief executive, and sections 19 to 22D
b: the landlord must immediately give the tenant a receipt for the bond, and the receipt must comply with section 19(1)﻿(a)
c: the landlord must refund the bond to the tenant when the tenancy terminates.
2: Despite subsection (1)﻿(c), the landlord may retain out of a bond—
a: any unpaid rent owing under the tenancy; and
b: any other amount owing by the tenant to the landlord, such as (without limitation) costs associated with repairing damage attributable to the tenant, replacing lost keys, reimbursement for services provided by the landlord, or unpaid gas, electricity, water, or telephone charges.
3: If the landlord does not refund the bond, or withholds more of the bond than the tenant considers is justified, the tenant may apply to the Tribunal for an order. Section 66D inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66E: Outgoings
1: The landlord is responsible for all outgoings in respect of the boarding house that are incurred—
a: whether or not the boarding house is occupied; or
b: for common facilities; or
c: in respect of rooms that are occupied by more than 1 tenant.
2: Without limiting the generality of subsection (1), the landlord is responsible for the cost of—
a: the general rate (within the meaning of section 13
b: insurance premiums payable in respect of the boarding house.
3: A tenant is responsible for all outgoings that are exclusively attributable to the tenant’s occupation of a room that is exclusively occupied by the tenant.
4: Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises:
a: electricity and gas supplied to the tenant’s boarding room, if the supply is separately metered for that room:
b: telephone and Internet connected to the tenant’s boarding room.
5: If the landlord provides services to a tenant, and payment for those services is not included in the rent, the landlord must provide the tenant each week with an itemised account of the services provided and the amount payable by the tenant. Residential Tenancies Act 1997 ss 108, 109 (Vic) Section 66E inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66F: Tenancy not assignable by tenant
A boarding house tenancy is not assignable by a tenant. Residential Tenancies Act 1997 s 93 (Vic) Section 66F inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Rights and obligations of landlords and tenants Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66G: Quiet enjoyment
1: Every tenant of a boarding house is entitled to the quiet enjoyment of the premises, without interruption by the landlord or another tenant of the boarding house.
2: The landlord must not cause or permit any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises by the tenant.
3: The tenant must not cause or permit any interference with the reasonable peace, comfort, or privacy of any other tenant on the premises.
4: Contravention of subsection (2) or (3) in circumstances that amount to harassment of a tenant is declared to be an unlawful act. Residential Tenancies Act 1997 ss 113, 122 (Vic) Section 66G inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66H: Landlord’s obligations at start of tenancy
1: When a tenant enters into a boarding house tenancy agreement, the landlord must give the tenant—
a: a copy of the current house rules; and
b: if services are or may be provided by the landlord that are not covered by the rent, a list of the services and their cost.
2: When a tenant first takes occupation of a boarding room under a boarding house tenancy, the landlord must ensure that—
a: the tenant has vacant possession of the room or, if the room is shared, of the tenant’s sleeping quarters in the room; and
b: the room is in a reasonable state of cleanliness; and
c: there is no legal impediment to the tenant’s occupation of the room.
3: See also sections 66I(1B)﻿(a) 66IA Residential Tenancies Act 1997 s 109 (Vic) Section 66H inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66H(3) inserted 30 January 2021 section 40 Residential Tenancies Amendment Act 2019
66I: Landlord’s ongoing obligations
1: The landlord of a boarding house must, at all times,—
a: ensure that the facilities of the premises are in a reasonable state of cleanliness; and
b: ensure that the premises are in a reasonable state of repair, having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
ba: comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A
bb: comply with the healthy homes standards; and
bc: comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)﻿(c)
c: comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and
d: ensure that there are sufficient locks or similar devices to ensure that the premises are reasonably secure; and
e: ensure that the tenant has access at all times to his or her room and to toilet and bathroom facilities in the premises; and
f: ensure that the tenant has access at all reasonable hours to the other facilities in the premises; and
g: ensure that copies of the house rules and fire evacuation procedures are on display in the premises at all times; and
h: take all reasonable steps to ensure that the house rules are observed, and to enforce them in a fair and consistent manner.
1A: Subsection (1B) applies to a landlord of a boarding house tenancy if—
a: the landlord knows that tests carried out in accordance with a relevant prescribed method have established that any part of the boarding room or facilities of the boarding house is contaminated; and
b: the boarding room or facilities (as relevant) have not been decontaminated in accordance with a relevant prescribed decontamination process.
1B: If this subsection applies—
a: and the boarding room has not yet been provided to the tenant, the landlord must not provide the boarding room to the tenant until the boarding room or facilities (as relevant) have been decontaminated in accordance with a relevant prescribed decontamination process:
b: and the tenant has already been provided with the boarding room, the landlord may continue to provide the boarding room to the tenant (under that tenancy or any extension or renewal of that tenancy) only if the boarding room or facilities (as relevant) are being decontaminated in accordance with a relevant prescribed decontamination process and any rules prescribed under section 138C(3)﻿(f)
1C: Subsections (1A) and (1B) do not limit subsection (1) or section 66H(2) see also section 66IA
2: Subsections (1) to (1B) apply
3: The obligations in subsection (1) are in addition to the obligation in section 66G(2)
4: Failure by the landlord to comply with any of paragraphs (a) to (c) of subsection (1) is declared to be an unlawful act.
5: A contravention by the landlord of subsection (1B) is declared to be an unlawful act.
6: If the tenant requests the landlord to provide information described in section 123A(1)﻿(e)
7: A landlord who, without reasonable excuse, fails to comply with subsection (6)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B Residential Tenancies Act 1997 ss 120–124, 127(2) (Vic) Section 66I inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66I(1)﻿(ba) inserted 1 July 2016 section 18(1) Residential Tenancies Amendment Act 2016 Section 66I(1)﻿(bb) replaced 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 66I(1)﻿(bc) inserted 30 January 2021 section 41(1) Residential Tenancies Amendment Act 2019 Section 66I(1A) inserted 30 January 2021 section 41(2) Residential Tenancies Amendment Act 2019 Section 66I(1B) inserted 30 January 2021 section 41(2) Residential Tenancies Amendment Act 2019 Section 66I(1C) inserted 30 January 2021 section 41(2) Residential Tenancies Amendment Act 2019 Section 66I(2) amended 30 January 2021 section 41(3) Residential Tenancies Amendment Act 2019 Section 66I(5) inserted 30 January 2021 section 41(4) Residential Tenancies Amendment Act 2019 Section 66I(6) inserted 11 February 2021 section 47 Residential Tenancies Amendment Act 2020 Section 66I(7) inserted 11 February 2021 section 47 Residential Tenancies Amendment Act 2020
66IA: Protection from liability for landlord who complies with contaminant regulations
1: Subsection (2) applies to a landlord of a boarding house during any period where—
a: a contaminant is present at the premises, but either—
i: the premises are not contaminated with the contaminant; or
ii: unknown to the landlord, the premises are contaminated with the contaminant; and
b: regulations made under section 138C(3)﻿(c)
2: The landlord (having complied with those regulations during that period) is not liable, under this Act, for not having provided the tenant with clean or habitable premises during that period on the basis of the presence of the contaminant in the premises.
3: For the purpose of this section, a landlord knows that premises are contaminated only if the landlord knows that tests carried out in accordance with a relevant prescribed method have established that the premises are contaminated. Section 66IA inserted 30 January 2021 section 42 Residential Tenancies Amendment Act 2019
66J: Other obligations of landlord
1: The landlord must not interfere with the supply of gas, electricity, water, telephone services, or other services to the premises, unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
2: If, at any time after entering into a boarding house tenancy agreement, the landlord puts the premises on the market for the purposes of sale or other disposition, the landlord must, as soon as practicable, give written notice of that fact to the tenant.
2A: If a landlord is offering a boarding house tenancy, the landlord must inform prospective tenants if the premises are on the market for the purposes of sale or other disposition.
2B: A landlord who fails to comply with—
a: subsection (1), (2), or (2A) commits an unlawful act:
b: subsection (2A) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
3: Before changing any lock or similar device, the landlord must tell every tenant of the boarding house who will be affected about the change.
3A: If the landlord carries out tests for the presence of contaminants in any of the facilities, the landlord must, within 7 days of receiving the results of the testing, notify every current tenant of the boarding house, in writing, of the results of the testing, and provide each of them with a copy (if any) of the results.
4: A landlord who fails to comply with subsection (3A)—
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
5: The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.
6: If anything changes so that the insurance information that was provided in accordance with subsection (5)
a: provide the tenant with a copy of the correct information; or
b: if the premises are no longer insured, provide the tenant with a statement that they are not insured.
7: A landlord’s failure to comply with subsection (5) or (6) Section 66J inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66J(2) replaced 11 February 2021 section 48(1) Residential Tenancies Amendment Act 2020 Section 66J(2A) inserted 11 February 2021 section 48(1) Residential Tenancies Amendment Act 2020 Section 66J(2B) inserted 11 February 2021 section 48(1) Residential Tenancies Amendment Act 2020 Section 66J(3A) inserted 27 August 2019 section 43 Residential Tenancies Amendment Act 2019 Section 66J(4) replaced 11 February 2021 section 48(2) Residential Tenancies Amendment Act 2020 Section 66J(5) inserted 27 August 2019 section 15 Residential Tenancies Amendment Act 2019 Section 66J(6) inserted 27 August 2019 section 15 Residential Tenancies Amendment Act 2019 Section 66J(7) inserted 27 August 2019 section 15 Residential Tenancies Amendment Act 2019
66K: Obligations of tenant
1: The tenant of a boarding house must—
a: pay the rent when it is payable under the tenancy agreement; and
b: ensure that the tenant’s boarding room is occupied principally for residential purposes; and
c: keep the tenant’s room reasonably clean and reasonably tidy, and in a condition that does not create a health or safety hazard; and
ca: comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A
d: notify the landlord, as soon as possible after discovery, of any damage to the premises or of the need for any repairs; and
e: observe the house rules
f:
2: The tenant of a boarding house must not—
a: intentionally or carelessly damage, or permit any other person to damage, the premises; or
b: cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004
c: use the tenant’s boarding room, or permit the room to be used, for an unlawful purpose; or
d: cause or permit any interference with the reasonable peace, comfort, or privacy of any person residing in the neighbourhood; or
e: affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, without the prior written consent of the landlord; or
f: alter, add to, or remove from the premises any lock or similar device; or
g: keep a pet on the premises without the permission of the landlord.
3: The obligations in this section are in addition to the obligation in section 66G(3)
4: The following are declared to be unlawful acts:
a: a contravention of subsection (2)﻿(b):
b: a contravention of subsection (2)﻿(c):
c: a contravention of subsection (2)﻿(d) in circumstances that amount to harassment of a neighbour of the tenant.
5: See sections 49A 49B Section 66K inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66K(1)﻿(ca) inserted 1 July 2016 section 19 Residential Tenancies Amendment Act 2016 Section 66K(1)﻿(e) amended 27 August 2019 section 16(1) Residential Tenancies Amendment Act 2019 Section 66K(1)﻿(f) repealed 27 August 2019 section 16(2) Residential Tenancies Amendment Act 2019 Section 66K(5) inserted 27 August 2019 section 16(3) Residential Tenancies Amendment Act 2019
66L: Tenant’s liability for damage caused by others
1: The tenant of a boarding house is responsible for anything done or omitted to be done by any person who is on the premises with the tenant’s permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.
2: Any damage done to a tenant’s boarding room is presumed to have been caused by the tenant, unless the tenant proves otherwise or is not the only tenant of that room.
3: For the purposes of subsection (2), a person who enters the tenant’s boarding room is presumed to be on the premises with the tenant’s permission, unless the tenant proves otherwise or is not the only tenant of that room. Section 66L inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66M: Tenant’s obligations at end of tenancy
On the termination of a tenancy, the tenant of a boarding house must—
a: quit the premises; and
b: remove all his or her goods from the premises; and
c: leave the tenant’s boarding room in a reasonably clean and reasonably tidy condition, and remove all rubbish from the room; and
d: return to the landlord all keys, security or pass cards, and other such devices provided by the landlord for the use of the tenant; and
e: leave in or at the premises all other chattels provided by the landlord for the use of tenants of the boarding house. Section 66M inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66N: Mitigation of damage or loss
If a landlord or tenant breaches any provision of the tenancy agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach, in accordance with the rules of law relating to mitigation of loss or damage upon breach of contract. Section 66N inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 House rules Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66O: Landlord may make house rules
1: The landlord of a boarding house may make house rules relating to—
a: the use and enjoyment of the premises; and
b: the provision of services.
2: No house rule may—
a: be inconsistent with this Act; or
b: require or purport to permit anything that is or would be illegal and, in particular, must not—
i: require or permit any form of discrimination in contravention of the Human Rights Act 1993
ii: purport to permit anything that would breach the Privacy Act 2020
3: The landlord may at any time change the house rules, but a new house rule does not come into effect until the landlord has given each tenant of the boarding house at least 7 days’ written notice of the new house rule. Residential Tenancies Act 1997 ss 126, 127 (Vic) Section 66O inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66O(2)﻿(b)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
66P: What tenant may do if he or she objects to house rules
1: A tenant may apply to the Tribunal for an order declaring a house rule to be unlawful on the grounds that it breaches section 66O(2)
2: Subsection (1) applies even if, when the tenancy was entered into, the tenant had notice of the relevant house rule.
3: The Tribunal may, on the application of a tenant, make any of the following determinations in relation to a house rule:
a: require the landlord to apply a house rule in a particular manner:
b: vary the rule:
c: set the rule aside.
4: A landlord commits an unlawful act if he or she, in breach of an order of the Tribunal made under this section,—
a: adopts or maintains a house rule that has been declared unlawful; or
b: refuses to apply a house rule in the manner ordered by the Tribunal; or
c: does not give effect to a house rule as varied by the Tribunal; or
d: purports to give effect to a house rule that has been set aside by the Tribunal. Residential Tenancies Act 1997 s 128 (Vic) Section 66P inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Landlord’s right of entry Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66Q: Landlord has right to enter premises at any time
1: The landlord of a boarding house may enter the boarding house at any time.
2: The landlord must not use the facilities of the boarding house for his or her own domestic purposes unless the landlord resides at the boarding house. Section 66Q inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66R: Landlord’s right to enter boarding room is limited
1: The landlord of a boarding house may enter a boarding room that is currently let to a tenant only in the following circumstances:
a: with the consent of the tenant (or, if the room is let to more than 1 tenant, with the consent of any tenant of the room) freely given at, or immediately before, the time of entry:
b: the landlord believes on reasonable grounds that there is an emergency and that immediate entry is necessary to save life or property:
c: the landlord believes on reasonable grounds that there is a serious risk to life or property and that immediate entry is necessary to reduce or eliminate the risk:
d: services are provided under the tenancy agreement and it is necessary to enter the room in order to provide them, but, in this case, the entry must be in accordance with any conditions specified in the tenancy agreement or the house rules:
e: the Tribunal has ordered that the landlord may enter the room.
2: The landlord may also enter the room of a tenant if the landlord—
a: gives the tenant (or, if the room is let to more than 1 tenant, any tenant of the room), at least 24 hours before the entry, a notice of entry that complies with section 66S
b: enters the room only for the purpose set out in the notice of entry (which must be one of the purposes set out in section 66S(1)
c: enters the room between 8 am and 6 pm.
3: A landlord entering a room under this section—
a: must do so in a reasonable manner; and
b: must not stay in the room longer than is necessary to achieve the purpose of the entry; and
c: must not interfere with the tenant’s property unless it is necessary for the purpose of the entry. Residential Tenancies Act 1997 ss 136, 138 (Vic) Section 66R inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66S: Notice of entry
1: The purposes for which a landlord may enter a boarding room under a notice of entry are—
a: to show the room to a prospective tenant:
b: to show the room to a prospective buyer or lender, or to a registered valuer, real estate agent, or an expert engaged in appraising or evaluating the boarding house, if the boarding house is to be sold or used as security:
c: where entry to the room is necessary to enable the landlord to fulfil his or her obligations under this Act:
ca: without limiting paragraph (c), to comply, or to prepare to comply, with any requirements in respect of smoke alarms imposed, or prospectively imposed, on landlords by regulations made under section 138A
cb: without limiting paragraph (c), to comply, or to prepare to comply, with the healthy homes standards (including any prospective requirements of those standards):
cc: to test for the presence of stated contaminants, or to take samples for such testing:
d: where the landlord has reasonable grounds to believe that a tenant of the room has failed to comply with his or her obligations as a tenant under this Act:
e: the landlord wishes to confirm whether or not a tenant of the room has abandoned the tenancy:
f: the landlord wishes to inspect the room and no entry for that purpose has been made within the last 4 weeks:
g: to inspect work that the landlord has required the tenant to carry out or that the tenant has agreed to carry out.
2: The tenant may be notified of the proposed entry orally or in writing.
3: The notice must—
a: state the purpose of the entry, which must be one of the purposes listed in subsection (1); and
aa: if the purpose is to test for the presence of stated contaminants or to take samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)﻿(c)), state those contaminants; and
b: identify the person or persons who will enter the room; and
c: state the date on which entry will be made and the approximate time of entry.
4: If the notice is in writing, it must be served on the tenant by—
a: giving it to the tenant in person; or
b: putting it on the door of the tenant’s room; or
c: putting it inside the tenant’s room (for example, by sliding it under the door).
5: If a boarding room is entered under a notice of entry for the purpose of testing for the presence of stated contaminants, or taking samples for such testing (or involves such testing or sample taking for the purpose of subsection (1)﻿(c)), the landlord must, within 7 days of receiving the results of the testing, notify the tenant, in writing, of the results of the testing and provide the tenant with a copy (if any) of the results. Residential Tenancies Act 1997 ss 137, 139 (Vic) Section 66S inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66S(1)﻿(ca) replaced 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 66S(1)﻿(cb) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 66S(1)﻿(cc) inserted 27 August 2019 section 44(1) Residential Tenancies Amendment Act 2019 Section 66S(3)﻿(aa) inserted 27 August 2019 section 44(2) Residential Tenancies Amendment Act 2019 Section 66S(5) inserted 27 August 2019 section 44(3) Residential Tenancies Amendment Act 2019
66T: Consequence of abuse, or refusal, of right of entry
1: The following are unlawful acts:
a: entry into a tenant’s room by a landlord otherwise than in accordance with section 66R
b: the use or threat of force by the landlord to enter or attempt to enter a tenant’s room (other than as provided for in section 66R(1)﻿(b) or (c)
c: failure by a tenant of a boarding room (or any person occupying the tenant’s room with the tenant’s permission) to permit the entry by the landlord into the tenant’s room when the person entering is exercising a right of entry in accordance with section 66R
d: failure by the landlord to notify, or to provide results to, the tenant as required under section 66S(5)
1A: A landlord who fails to notify, or to provide results to, the tenant as required under section 66S(5) Schedule 1B
2: A landlord who uses or threatens to use force to gain entry into a tenant’s room in breach of subsection (1)﻿(b) commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $3,000
3: If a landlord enters a tenant’s room under section 66R(2) sections 66R(3) and 66S section 66R(2)
4: If a landlord damages any property of a tenant while in the tenant’s room, the tenant may apply to the Tribunal for compensation for the damage. Residential Tenancies Act 1997 ss 140, 141 (Vic) Section 66T inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Section 66T(1)﻿(d) inserted 11 February 2021 section 49(1) Residential Tenancies Amendment Act 2020 Section 66T(1A) inserted 11 February 2021 section 49(2) Residential Tenancies Amendment Act 2020 Section 66T(2) amended 11 February 2021 section 49(3) Residential Tenancies Amendment Act 2020 Termination Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66U: Termination of tenancy by landlord
1: The landlord of a boarding house may terminate a boarding house tenancy—
a: immediately, if the tenant has—
i: caused, or threatened to cause, serious damage to the premises; or
ii: endangered, or threatened to endanger, people or property; or
iii: caused, or threatened to cause, serious disruption to other tenants; or
b: on 48 hours’ notice, if—
i: the landlord has, by written notice to the tenant, required the tenant to pay any rent in arrears within a stated period of not less than 10 days, commencing on the day the notice is given, and the tenant fails to pay the rent in arrears within the stated period; or
ii: the tenant is using the premises for an illegal purpose; or
iii: the landlord believes, having complied with section 66X
c: on 14 days’ notice, if the tenancy is also a service tenancy, in which case section 53
d: on 28 days’ notice, if no reason is given.
2: A notice of termination given by a landlord to a tenant of a boarding house must—
a: be in writing; and
b: state the date on which the notice is given; and
c: state the date on which the termination takes effect; and
d: state the reason for the termination (unless 28 days’ notice is given, in which case no reason need be given); and
e: state the name of the tenant; and
f: state the name, contact address, and telephone number of the landlord or his or her agent.
3: Subsections (4) to (9) of section 51
4: To avoid doubt, section 54 Section 66U inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66V: When tenant may terminate tenancy
1: A tenant under a boarding house tenancy may terminate the tenancy by giving at least 48 hours’ notice to the landlord.
2: A tenant need not give notice in writing.
3: If a boarding house tenancy is also a service tenancy, the requirement in section 53(1) Section 66V inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66W: Termination of tenancy on death of sole tenant
A boarding house tenancy terminates 48 hours after the death of a sole tenant under the tenancy. Section 66W inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010 Abandonment Heading inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66X: Abandonment by tenant
1: If the tenant of a boarding house is in arrear with the rent, and if the landlord has reason to believe that the tenant has abandoned the premises, the landlord—
a: may put a notice on the door of the tenant’s boarding room advising the tenant that the landlord will enter the room 24 hours later to confirm whether or not the tenant has abandoned the tenancy; and
b: must make all reasonable efforts to contact the contact person (if any) identified in the tenant’s tenancy agreement.
2: The landlord must not enter the room until at least 24 hours after putting the notice on the door.
3: If, after inspecting the room and making contact (if possible) with the tenant’s contact person, the landlord considers, on reasonable grounds, that the tenant has abandoned the room, the landlord may terminate the tenancy by putting a notice of termination that complies with subsection (4) and section 66S(1)
4: The notice of termination must specify the date and time on which the tenancy terminates, which must be a time no sooner than 48 hours after the notice is put on the door.
5: It is declared that a tenant commits an unlawful act if, without reasonable excuse, he or she abandons the premises when the rent is in arrear. Section 66X inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
66Y: Possession orders
1: A landlord may apply to the Tribunal for a possession order if—
a: the landlord has given the tenant notice under section 66U
b: the tenant has given the landlord notice under section 66V
2: If the Tribunal is satisfied that the notice of termination was properly given and has not been withdrawn, it must make an order granting possession of the premises to the landlord. Section 66Y inserted 1 October 2010 section 49 Residential Tenancies Amendment Act 2010
3: The Tenancy Tribunal
Constitution and administration
67: Constitution of Tribunal
1: For the purposes of this Act there is hereby constituted a tribunal, to be called the Tenancy Tribunal.
2: The Tribunal shall consist of—
a: 1 person, being a person who has held a required qualification for at least 5 years, who shall be appointed to be the Principal Tenancy Adjudicator:
b:
c: such number of other persons as may be required to ensure the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand, who shall be appointed to be Tenancy Adjudicators.
2A: One Tenancy Adjudicator, being a person who has held a required qualification for at least 5 years, may be appointed to be the Deputy Principal Tenancy Adjudicator.
3: Every Tenancy Adjudicator shall be appointed by the Governor-General on the joint recommendation of the Minister of Justice and the Minister
4:
5: No person shall be eligible for appointment to the Tribunal unless that person—
a: has a required qualification; or
b: is, in the opinion of the Minister of Justice and the Minister
6: In recommending persons for appointment to the Tribunal under subsection (2)﻿(c), the Minister of Justice and the Minister
a:
b: there will be sufficient Tenancy Adjudicators who have a required qualification to ensure the efficient and expeditious dispatch of those cases that are directed by the Principal Tenancy Adjudicator, under section 84(3)
7: The office of Tenancy Adjudicator shall not be held in conjunction with any office or employment in the public service and the Minister
8: The duties, functions, and powers of the Tribunal shall not be affected by any vacancy in its membership.
9: In this section, the term a required qualification
a: a practising certificate as a barrister or solicitor, or as both a barrister and solicitor, of the High Court of New Zealand; or
b: an equivalent qualification issued or recognised by the appropriate authority in any Commonwealth country, or in any other common law country or state. Section 67(2)﻿(b) repealed 1 May 1996 section 28(1) Residential Tenancies Amendment Act 1996 Section 67(2A) inserted 1 May 1996 section 28(2) Residential Tenancies Amendment Act 1996 Section 67(3) replaced 1 May 1996 section 28(2) Residential Tenancies Amendment Act 1996 Section 67(3) amended 1 October 2010 section 50(1) Residential Tenancies Amendment Act 2010 Section 67(4) repealed 1 October 2010 section 50(2) Residential Tenancies Amendment Act 2010 Section 67(5)﻿(b) amended 1 October 2010 section 50(1) Residential Tenancies Amendment Act 2010 Section 67(5)﻿(b) amended 1 May 1996 section 28(3) Residential Tenancies Amendment Act 1996 Section 67(6) amended 1 October 2010 section 50(1) Residential Tenancies Amendment Act 2010 Section 67(6) amended 1 May 1996 section 28(4) Residential Tenancies Amendment Act 1996 Section 67(6)﻿(a) repealed 1 October 2010 section 50(3) Residential Tenancies Amendment Act 2010 Section 67(7) amended 7 August 2020 section 135 Public Service Act 2020 Section 67(7) amended 1 October 2010 section 50(1) Residential Tenancies Amendment Act 2010 Section 67(7) amended 1 May 1996 section 28(5) Residential Tenancies Amendment Act 1996
67A: Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator
1: If the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as the acting Principal Tenancy Adjudicator, the acting Deputy Principal Tenancy Adjudicator, or an acting Tenancy Adjudicator for the period or purpose stated in the appointment.
2: No person may be appointed as an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator unless he or she is eligible for appointment to the relevant position.
3: An acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator is, while acting in that position, to be treated as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator.
4: No appointment of an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, no act done by an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, and no act done by the Tenancy Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 67A inserted 14 November 2018 section 256 Tribunals Powers and Procedures Legislation Act 2018
68: Term of office of Tenancy Adjudicators
1: Every Tenancy Adjudicator must be appointed for a term of up to 5 years
1A: A person appointed under subsection (1) may be reappointed.
2:
3: Any Tenancy Adjudicator may at any time be removed from office by the Governor-General for inability to perform the functions of the office
4: Any Tenancy Adjudicator may at any time resign by writing addressed to the Minister of Justice.
5: Where the term of office of any Tenancy Adjudicator expires, that Adjudicator shall, unless sooner vacating office under subsection (3) or subsection (4), continue in office until—
a: that person is reappointed; or
b: a successor to that person is appointed; or
c: that person is informed in writing by the Minister of Justice and the Minister
6: A Tenancy Adjudicator who continues in office for any period under subsection (5) may act as an Adjudicator during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
b: hearing any other proceedings.
7: A Tenancy Adjudicator who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.
8: In this section, Tenancy Adjudicator Section 68(1) amended 14 November 2018 section 257(1) Tribunals Powers and Procedures Legislation Act 2018 Section 68(1A) inserted 14 November 2018 section 257(2) Tribunals Powers and Procedures Legislation Act 2018 Section 68(2) repealed 1 October 2010 section 51(1) Residential Tenancies Amendment Act 2010 Section 68(3) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001 Section 68(5) replaced 1 May 1996 section 29 Residential Tenancies Amendment Act 1996 Section 68(5)﻿(c) amended 1 October 2010 section 51(2) Residential Tenancies Amendment Act 2010 Section 68(6) replaced 14 November 2018 section 257(3) Tribunals Powers and Procedures Legislation Act 2018 Section 68(7) inserted 14 November 2018 section 257(3) Tribunals Powers and Procedures Legislation Act 2018 Section 68(8) inserted 14 November 2018 section 257(3) Tribunals Powers and Procedures Legislation Act 2018
69: Remuneration of Tenancy Adjudicators
1: Each Tenancy Adjudicator—
a: must be paid a salary, or a fee, or an allowance, at the rate determined by the Remuneration Authority; and
b: must be paid any additional allowances (including travelling allowances and expenses) in accordance with the Fees and Travelling Allowances Act 1951
2: Expenses may be incurred, without further appropriation than this section, to meet the salaries, fees, or allowances determined under subsection (1)﻿(a).
3: For the purposes of subsection (1)﻿(b), the Fees and Travelling Allowances Act 1951 section 2
4: The remuneration of a Tenancy Adjudicator must not be reduced during the term of the Tenancy Adjudicator’s appointment.
5: In this section, Tenancy Adjudicator Section 69 replaced 1 December 2022 section 24 Remuneration Authority Legislation Act 2022
70: Tenancy Adjudicators to be protected
Every Tenancy Adjudicator, in the performance of the Tenancy Adjudicator's duties under this Act, shall have and enjoy the same protection as Justices of the Peace acting in their criminal jurisdiction have and enjoy under sections 4A to 4F Section 70 amended 1 July 2013 section 413 Criminal Procedure Act 2011
71: Conduct of Tribunal and stationing of Tenancy Adjudicators
1: The Principal Tenancy Adjudicator shall be responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal throughout New Zealand, and accordingly may, subject to subsection (2) and to such consultation with the other Tenancy Adjudicators as is appropriate and practicable, give all such directions as are contemplated by the succeeding provisions of this section.
2: Sittings of the Tribunal must be held, as and when necessary for the dispatch of its business, at the places that the chief executive directs.
3: Each Tenancy Adjudicator shall be stationed at, and shall exercise the jurisdiction of the Tribunal in, such place or places as the Principal Tenancy Adjudicator may from time to time direct.
4: Notwithstanding anything in subsections (2) and (3), the fact that a Tenancy Adjudicator sits in any particular place shall be conclusive evidence of that Tenancy Adjudicator's authority to do so, and no exercise of any jurisdiction or power by any Tenancy Adjudicator shall be questioned on the ground that the Tenancy Adjudicator was not stationed at, or authorised to exercise the jurisdiction of the Tribunal in, the place where the Tenancy Adjudicator exercised the jurisdiction or power.
5: Sittings of the Tribunal for the dispatch of its business in any particular place shall, subject to any directions by the Principal Tenancy Adjudicator, be held on such days and at such times as may be appointed by the Tenancy Adjudicator, or one of the Tenancy Adjudicators, stationed at, and authorised to exercise the jurisdiction of the Tribunal in, that place. Section 71(2) replaced 1 October 2010 section 52 Residential Tenancies Amendment Act 2010
71A: Delegation by Principal Tenancy Adjudicator
1: The Principal Tenancy Adjudicator may delegate any of his or her functions, duties, and powers to another Tenancy Adjudicator (including the Deputy Principal Tenancy Adjudicator) who holds the qualification described in section 67(2)﻿(a)
2: A delegation—
a: must be in writing; and
b: must be to a named person; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the Principal Tenancy Adjudicator.
3: A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 69 Section 71A inserted 29 October 2019 section 258 Tribunals Powers and Procedures Legislation Act 2018 Section 71A(5) amended 1 December 2022 section 25 Remuneration Authority Legislation Act 2022
72: Registrars
1: Every Registrar, and every Deputy Registrar, of the District Court
2: In addition, employees of the Ministry of Justice who are not Registrars, or Deputy Registrars, of the District Court
3: It is the responsibility of each Registrar—
a: to arrange, in accordance with the instructions of the chief executive of the Ministry of Justice, for the provision of any secretarial and administrative services that may be necessary for the efficient and expeditious exercise of the Tribunal's jurisdiction; and
b: to ensure that adequate arrangements are made, in consultation with the chief executive, for the filing and processing of all applications and other documents required or authorised to be filed under this Act; and
c: to arrange fixtures for cases to be dealt with by the Tribunal; and
d: to carry out, in respect of the exercise of the Tribunal's jurisdiction, the duties customarily carried out by a registrar of a judicial body.
4: Any Registrar may, at the direction of the chief executive (given generally or in any particular case), refer a matter to another Registrar. Section 72 replaced 12 December 2012 section 6 Residential Tenancies Amendment Act 2012 Section 72(1) amended 1 March 2017 section 261 District Court Act 2016 Section 72(2) amended 1 March 2017 section 261 District Court Act 2016
73: Seal of Tribunal
1: The Tribunal shall have
1A: The seal may be applied to a document physically or electronically.
2: The form of the seal shall be such as the chief executive of the Ministry of Justice
3: The seal of the Tribunal shall be judicially noticed by all courts and for all purposes. Section 73(1) amended 1 July 2016 section 21(1) Residential Tenancies Amendment Act 2016 Section 73(1A) inserted 1 July 2016 section 21(2) Residential Tenancies Amendment Act 2016 Section 73(2) amended 1 October 2010 section 54 Residential Tenancies Amendment Act 2010 Section 73(2) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
74: Records of Tribunal
1: Registrars must keep the records and papers of the Tribunal in the way (including by electronic means) approved by the chief executive of the Ministry of Justice.
2: Except where the Tribunal otherwise orders under section 95A
3: The chief executive of the Ministry of Justice must make arrangements under which a true copy of any record or paper of the Tribunal that is available for public inspection will be provided to any person on—
a: an application made by that person—
i: to a Registrar; or
ii: by any electronic means (for example, through an Internet site) approved by the chief executive of the Ministry of Justice (if the arrangements allow applications to be made by electronic means); and
b: payment by that person of the prescribed fee (if any).
4: A certificate, given by a Tenancy Adjudicator or Section 74(1) replaced 1 July 2016 section 22(1) Residential Tenancies Amendment Act 2016 Section 74(2) amended 30 November 2022 section 107 Statutes Amendment Act 2022 Section 74(3) replaced 1 July 2016 section 22(2) Residential Tenancies Amendment Act 2016 Section 74(4) amended 1 July 2016 section 22(3) Residential Tenancies Amendment Act 2016
75: Offices and Tenancy Officers
Section 75 repealed 1 October 2010 section 55 Residential Tenancies Amendment Act 2010
76: Tenancy Mediators
1: The chief executive must, from time to time, appoint Tenancy Mediators for the purposes of this Act.
1A: For the purposes of subsection (1), the chief executive may appoint 1 or more of the following:
a: natural persons under the Public Service Act 2020
b: natural persons otherwise than under that Act on terms and conditions determined by the chief executive:
c: bodies corporate on terms and conditions determined by the chief executive.
1B: A Tenancy Mediator that is a body corporate must perform or exercise its duties, functions, and powers through natural persons who are officers or employees of the body corporate and who are authorised by it for the purposes of this subsection.
2:
3:
4:
5: Tenancy Mediators shall have the following duties, functions, and powers:
a: where an application has been made for the exercise of the Tribunal's jurisdiction in respect of any dispute, to offer their services to the parties to the dispute and to assist the parties in bringing about a settlement:
b: in giving such assistance, to inquire fully into any such dispute and all matters affecting its merits, and to make such suggestions and recommendations and do all such things as they think right and proper for inducing the parties to come to a fair and amicable settlement:
c: to carry out, in respect of disputes arising within the jurisdiction of the Tribunal, all such directions as the Tribunal may think fit to give:
d: such other duties, functions, and powers as are conferred on Tenancy Mediators by this Act.
6: No Tenancy Mediator shall have power to determine any matter in dispute, whether with or without a request by the parties.
7: Subject to any directions of the Tribunal, no Tenancy Mediator shall have or exercise any duties, functions, or powers in respect of any dispute that is before the Tribunal.
8: For the purposes of subsection (7), a dispute is before the Tribunal from the time when the Registrar receives notice of the dispute
9: In the performance of their duties, functions, and powers under this Act, Tenancy Mediators—
a: shall be subject to the directions of, and responsible to, the Tribunal irrespective of whether or not they are officers or employees of any of the State services, provided that in all other respects Tenancy Mediators shall be subject to the terms and conditions, whether express or implied, of their employment contract or appointment; and
b: shall be entitled to immunity from suit in respect of any act or matter done or omitted to be done by them in good faith.
9A: In relation to a Tenancy Mediator that is a body corporate, subsection (9)﻿(b) also applies to any officer or employee of the body corporate through whom the body corporate is performing or exercising its duties, functions, and powers in accordance with subsection (1B).
9B: Subsection (9)﻿(b) does not prevent the following:
a: the chief executive exercising a right under, or otherwise enforcing, the terms and conditions of a Tenancy Mediator’s employment contract or appointment:
b: a Tenancy Mediator that is a body corporate exercising a right under, or otherwise enforcing, the terms and conditions of the appointment or employment contract of any of its officers or employees.
10: Tenancy Mediators may perform and exercise their duties, functions, and powers at any place within New Zealand.
11: Section 76(1) replaced 1 July 2016 section 23(1) Residential Tenancies Amendment Act 2016 Section 76(1A) inserted 1 July 2016 section 23(1) Residential Tenancies Amendment Act 2016 Section 76(1A)﻿(a) amended 7 August 2020 section 135 Public Service Act 2020 Section 76(1B) inserted 1 July 2016 section 23(1) Residential Tenancies Amendment Act 2016 Section 76(2) repealed 1 July 2016 section 23(2) Residential Tenancies Amendment Act 2016 Section 76(3) repealed 1 July 2016 section 23(2) Residential Tenancies Amendment Act 2016 Section 76(4) repealed 1 May 1996 section 31(2) Residential Tenancies Amendment Act 1996 Section 76(8) amended 1 October 2010 section 56(3) Residential Tenancies Amendment Act 2010 Section 76(9)﻿(a) replaced 1 May 1996 section 31(3) Residential Tenancies Amendment Act 1996 Section 76(9A) inserted 1 July 2016 section 23(3) Residential Tenancies Amendment Act 2016 Section 76(9B) inserted 1 July 2016 section 23(3) Residential Tenancies Amendment Act 2016 Section 76(11) repealed 1 July 2016 section 23(4) Residential Tenancies Amendment Act 2016 Jurisdiction
77: Jurisdiction of Tribunal
1: The Tribunal has, subject to the Limitation Act 2010
a: exists between a landlord and a tenant or between a landlord and the guarantor of a tenant; and
b: relates to any tenancy to which this Act applies or to which this Act did apply at any material time.
2: Without limiting the generality of subsection (1), the Tribunal shall have jurisdiction to do the following things:
a: to determine whether any premises are or are not, or were or were not at any material time, residential premises to which this Act applies:
ab: to determine whether any premises are or are not, or were or were not at any material time, a boarding house as defined in section 66B
ac: to determine whether any premises are or are not, or were or were not at any material time, unlawful residential premises as defined in section 78A(2)
b: to determine whether there is or is not, or was or was not at any material time, a tenancy agreement to which this Act applies in force in respect of any residential premises, and to determine the terms of and the parties to any such agreement:
c: to determine whether any tenancy is or is not, or was or was not at any material time, a service tenancy:
d: to determine whether any rent that is, or that was at any material time, being charged in respect of any tenancy to which this Act applies does or does not or did or did not exceed the market rent for that tenancy by a substantial amount, and, where the rent does or did exceed the market rent by a substantial amount, to make such order relating to the rent as it thinks just:
e: where any rent is, was, or will be required wholly or partly in a form other than money, to determine in monetary terms the value of the rent so required:
f: to determine whether or not any notice purporting to terminate a tenancy to which this Act applies
g: to determine whether any person is or is not entitled to possession of any premises by virtue of any provision of any tenancy agreement to which this Act applies, or by virtue of any breach by any other person of any provision of any such tenancy agreement, or on the expiry of any such tenancy agreement, and to make an order for the recovery of the premises by any person who is entitled to possession:
h: before the commencement of the tenancy, and on the application of either or both of the parties, to consent to the inclusion of any term in any tenancy agreement to which this Act applies, where the inclusion of that term would otherwise be contrary to any of the provisions of this Act:
i: during the tenancy, and on the application of both of the parties, consent to the inclusion of any term in any tenancy agreement to which this Act applies, where the inclusion of that term would otherwise be contrary to any of the provisions of this Act, and to make an order varying the agreement accordingly:
j: to order that a provision of this Act shall not apply to, or in relation to, any tenancy agreement or any residential premises, or shall apply in such modified form as the Tribunal may specify in the order:
k: to order the tenant under any tenancy agreement to which this Act applies to pay to the landlord any sum found to be owing by the tenant to the landlord, whether by way of rent in arrear or otherwise pursuant to the tenancy agreement, and to order the landlord under any such tenancy agreement to pay to the tenant the whole or any part of any sum found to have been paid by way of rent in excess of the amount lawfully payable, or of any other sum demanded or received by the landlord in contravention of any of the provisions of this Act:
ka: to determine whether, and the extent to which, the guarantor of a tenant is liable to the landlord under the guarantee, and to order the guarantor to pay to the landlord any sum found to be payable under the guarantee:
l: to order the landlord or the tenant under any tenancy agreement to which this Act applies to do anything necessary to remedy the breach by that party of any express or implied provision of the tenancy agreement or any provision of this Act, or to do anything that that party is required to do by any such provision:
m: to order the landlord or the tenant under any tenancy agreement to which this Act applies to refrain from doing anything if the doing of that thing by that party would constitute a contravention or (as the case may require) a further contravention of any express or implied provision of the tenancy agreement or any provision of this Act:
maa: to determine whether a landlord should not be required to provide for the installation of a fibre connection for the purposes of section 45B(2)﻿(e)
ma: to make an order declaring a house rule of a boarding house unlawful, or requiring a landlord to apply a house rule in a particular manner, or to vary a house rule, or to set a house rule aside:
mb: to order the landlord to refrain from exercising the power under section 66R(2)
mc: to make orders under section 62B or in accordance with any regulations made for the purposes of section 62(3A)
md: to make orders in accordance with section 78A
me: to make orders for a person to pay a pecuniary penalty under sections 109B to 109E
mf: to determine objections to improvement notices under section 126M
n: to order the landlord or the tenant under any tenancy agreement to which this Act applies to pay to the other party such sum by way of damages or compensation as the Tribunal shall assess in respect of the breach of any express or implied provision of the tenancy agreement or any provision of this Act:
o: to consider and determine any complaint by any party to a tenancy agreement or by the chief executive
p: to approve the assignment by the tenant of the rights of the tenant
pa: to record in any order requiring a party to pay money to any other party that the parties have agreed to enforce the payment of the amount specified in that order by way of an attachment order made under the District Court Act 2016
q: to make orders of a consequential or ancillary nature necessary to exercise or perfect the exercise of any of its jurisdiction.
2A: If subsection (2)﻿(pa) applies, then section 78(2AB) to (2AD)
2B: If section 78A
2C: Nothing in this Act requires the Tribunal to inquire, in the case of every dispute within its jurisdiction, into whether premises are, or were at any material time, unlawful residential premises.
3: The Tribunal shall have jurisdiction to make an order for the recovery by any person of any residential premises to which this Act applies, or the eviction of any person from any such premises, regardless of the value of the premises or the amount of any rent payable for the premises.
4: In respect of tenancy agreements, the Tribunal has jurisdiction to exercise, and may exercise, all the powers conferred on a court by section 264
4A: The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to the landlord’s conduct in the landlord’s capacity as a provider of health or disability services and the conduct is of a kind about which a complaint may be made under the Health and Disability Commissioner Act 1994
5: Despite subsection (1), the Tribunal does not have jurisdiction to require any party to pay any sum, or to do any work to a value, or otherwise to incur any expenditure, in excess of $100,000
6: Subsection (5) shall not prevent a party from abandoning so much of a claim as exceeds $100,000
7: Subsection (5) does not affect a claim relating to a tenancy that is for a balance of not more than $100,000
7A: The Tribunal does not have jurisdiction to consent to a person charging a tenant a letting fee.
7B: The Tribunal does not have jurisdiction to determine a dispute so far as it raises a question as to whether a tenant of premises who gave notice accompanied by qualifying evidence under section 56B
8: A cause of action shall not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of the Tribunal. Section 77(1) replaced 1 October 2010 section 57(1) Residential Tenancies Amendment Act 2010 Section 77(1) amended 1 July 2016 section 24 Residential Tenancies Amendment Act 2016 Section 77(2)﻿(ab) inserted 1 October 2010 section 57(2) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(ac) inserted 27 August 2019 section 17(1) Residential Tenancies Amendment Act 2019 Section 77(2)﻿(f) amended 11 February 2021 section 50(1) Residential Tenancies Amendment Act 2020 Section 77(2)﻿(ka) inserted 1 October 2010 section 57(3) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(maa) inserted 11 February 2021 section 50(2) Residential Tenancies Amendment Act 2020 Section 77(2)﻿(ma) inserted 1 October 2010 section 57(4) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(mb) inserted 1 October 2010 section 57(4) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(mc) inserted 1 October 2010 section 57(4) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(mc) amended 30 January 2021 section 45 Residential Tenancies Amendment Act 2019 Section 77(2)﻿(md) inserted 27 August 2019 section 17(2) Residential Tenancies Amendment Act 2019 Section 77(2)﻿(me) inserted 11 February 2021 section 50(3) Residential Tenancies Amendment Act 2020 Section 77(2)﻿(mf) inserted 11 February 2021 section 50(3) Residential Tenancies Amendment Act 2020 Section 77(2)﻿(o) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 77(2)﻿(p) amended 1 October 2010 section 57(5) Residential Tenancies Amendment Act 2010 Section 77(2)﻿(pa) inserted 14 April 2014 section 4(1) Residential Tenancies Amendment Act 2011 Section 77(2)﻿(pa) amended 1 March 2017 section 261 District Court Act 2016 Section 77(2A) inserted 14 April 2014 section 4(2) Residential Tenancies Amendment Act 2011 Section 77(2B) inserted 27 August 2019 section 17(3) Residential Tenancies Amendment Act 2019 Section 77(2C) inserted 27 August 2019 section 17(3) Residential Tenancies Amendment Act 2019 Section 77(4) replaced 1 January 2008 section 364(1) Property Law Act 2007 Section 77(4A) inserted 1 October 2010 section 57(6) Residential Tenancies Amendment Act 2010 Section 77(5) replaced 1 October 2010 section 57(7) Residential Tenancies Amendment Act 2010 Section 77(5) amended 11 February 2021 section 50(4) Residential Tenancies Amendment Act 2020 Section 77(6) amended 11 February 2021 section 50(5) Residential Tenancies Amendment Act 2020 Section 77(6) amended 1 October 2010 section 57(8) Residential Tenancies Amendment Act 2010 Section 77(7) replaced 1 October 2010 section 57(9) Residential Tenancies Amendment Act 2010 Section 77(7) amended 11 February 2021 section 50(6) Residential Tenancies Amendment Act 2020 Section 77(7A) inserted 12 December 2018 section 8 Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 Section 77(7B) inserted 11 August 2021 section 50(7) Residential Tenancies Amendment Act 2020
78: Orders of Tribunal
1: Without limiting the generality of section 77 (but subject to section 78A
a: an order in the nature of a declaration, whether as to the status for the purposes of this Act of any premises or of any agreement or purported agreement, or as to the rights or obligations of any party, or otherwise:
b: an order that a party yield possession of any premises to any other party:
c: an order that a party deliver any specific chattels to any other party:
d: an order that a party pay money to any other party:
e: a work order:
f: where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, an order varying the agreement, or setting it aside (either wholly or in part):
g: where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or that any writing purporting to express the agreement between the parties does not accord with their true agreement, an order varying, or setting aside, the agreement or the writing (either wholly or in part):
h: any other order that the High Court or the District Court
i: an order dismissing an application.
1A: A person with an interest in premises that are not subject to a tenancy agreement may apply, without notice, to the Tribunal for an order under subsection (1)﻿(a) declaring the status of the premises for the purposes of this Act.
1B: An order made on an application under subsection (1A) is binding on all parties to any subsequent proceedings before the Tribunal, but the Tribunal may, on application made in any such proceedings, rescind the order if satisfied that the order is wrong or, because of a change in circumstances, no longer applicable.
2: Where the Tribunal makes a work order against a party, it—
a: shall, where the order is made otherwise than by consent; and
b: may, where the order is made by consent,— at the same time make an order under subsection (1)﻿(d) to be complied with as an alternative to compliance with the work order.
2AA: Subsection (2) does not apply if the work order is a section 78A
a: smoke alarms:
b: a failure to comply with the healthy homes standards:
ba: decontamination:
c: a failure to comply with a standard of fitness or other requirement applying by virtue of section 120C
d: a failure to comply with any other requirement relating to health or safety under any enactment.
2AAB: A work order may include a provision authorising the party in whose favour the order is made—
a: to undertake any work covered by the order if—
i: the order is not complied with by the other party; and
ii: the other party has not complied with the alternative money order provided for by subsection (2) (if any); and
b: to charge the cost of undertaking the work (up to the amount specified by the Tribunal) to the other party.
2AABA: Subsection (2AAB) does not apply if the work order is a section 78A
2AAC: Where any provision is made under subsection (2AAB)—
a: in favour of the landlord, the cost incurred by the landlord in undertaking any work in accordance with the provision (up to the amount specified by the Tribunal) is treated as rent in arrear and enforceable accordingly; or
b: in favour of the tenant, the tenant may set off the cost incurred in undertaking any work in accordance with the provision (up to the amount specified by the Tribunal) against rent payable by the tenant.
2AAD: Without limiting subsection (2AAC)﻿(b), where the tenant becomes authorised by any provision made under subsection (2AAB) to undertake any work, the tenant may pay to the chief executive any sum that would otherwise be payable by way of rent, up to the amount specified by the Tribunal, until sufficient has been accumulated to enable the tenant to undertake the work.
2AAE: Where any sum is paid to the chief executive under subsection (2AAD), the chief executive must give to the tenant a receipt showing the particulars of the payment, and must send a copy of the receipt to the landlord.
2AAF: Any money paid to the chief executive under subsection (2AAD) must be paid by the chief executive into the Residential Tenancies Trust Account, and must be paid out of that Account by the chief executive to the tenant if the chief executive is satisfied that the money is to be applied by the tenant to meet the cost of the work.
2AAG: The inclusion in a work order of any provision under subsection (2AAB) does not limit any other rights or remedies of the party in whose favour the order is made.
2A: Where the Tribunal makes an order under any of paragraphs (b), (c), or (h) of subsection (1), the Tribunal may at the same time make an order under subsection (1)﻿(d) to be complied with as an alternative to compliance with the first-mentioned order.
2AB: The Tribunal may record in an order made under subsection (1)﻿(d) (a money order the District Court Act 2016
a: the money order was made at a hearing at which both parties were present; and
b: the party ordered to pay money consented to the payment of the money being enforced by way of an attachment order; and
c: both parties agreed on the terms of the attachment order, including the details specified in subsection (2AC).
2AC: If subsection (2AB) applies, the money order must include the following details:
a: the employer to whom the attachment order will relate; and
b: whether deductions are to be made every week, fortnight, or month, or by reference to some other period (the earnings period
c: the amount or percentage to be deducted from salary or wages for the earnings period; and
d: the amount or percentage below which the net amount paid for the earnings period must not fall; and
e: the name and address of the person to whom the amounts deducted are to be paid; and
f: that the attachment order is to remain in force until the amount specified in the money order has been paid in full or, if the attachment order is to remain in force for a fixed period, that period.
2AD: Nothing in subsection (2AC)﻿(d) allows the parties to agree on a net amount to be paid for an earnings period that would otherwise derogate from section 157(3)
2AE: If subsection (2AC) is complied with, the money order may be filed in the District Court and, if so filed, sections 139(2) 154 to 162
2AF: For the purposes of subsection (2AB)﻿(a), hearing
2AG: In this section, employer salary or wages section 154
2B: Where the Tribunal makes any 2 orders under subsection (2) or subsection (2A), it is the right of the person in whose favour the order is made to choose which order to enforce under section 107
3: Any order made by the Tribunal may be unconditional or subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. Section 78(1) amended 27 August 2019 section 18(1) Residential Tenancies Amendment Act 2019 Section 78(1)﻿(h) amended 1 March 2017 section 261 District Court Act 2016 Section 78(1A) inserted 1 October 2010 section 58 Residential Tenancies Amendment Act 2010 Section 78(1B) inserted 1 October 2010 section 58 Residential Tenancies Amendment Act 2010 Section 78(2AA) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AA) amended 27 August 2019 section 18(2) Residential Tenancies Amendment Act 2019 Section 78(2AA)﻿(b) replaced 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 78(2AA)﻿(ba) inserted 30 January 2021 section 46 Residential Tenancies Amendment Act 2019 Section 78(2AAB) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AABA) inserted 27 August 2019 section 18(3) Residential Tenancies Amendment Act 2019 Section 78(2AAC) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AAD) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AAE) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AAF) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2AAG) inserted 1 July 2016 section 25 Residential Tenancies Amendment Act 2016 Section 78(2A) inserted 1 May 1996 section 32 Residential Tenancies Amendment Act 1996 Section 78(2AB) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AB) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2AC) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AD) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AD) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2AE) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AE) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2AF) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AG) inserted 14 April 2014 section 5 Residential Tenancies Amendment Act 2011 Section 78(2AG) amended 1 March 2017 section 261 District Court Act 2016 Section 78(2B) inserted 1 May 1996 section 32 Residential Tenancies Amendment Act 1996
78A: Orders of Tribunal relating to unlawful residential premises
1: This section applies in any matter where the Tribunal, on application by a party or otherwise on the evidence before the Tribunal in respect of any claim within its jurisdiction, determines or declares that the premises are, or were at any material time, unlawful residential premises.
2: For the purposes of this Act, unlawful residential premises
a: that cannot lawfully be occupied for residential purposes by that person (whether generally or whether for the particular residential purposes for which that person is granted occupation); and
b: where the landlord’s failure to comply with the landlord’s obligations under section 36 45(1)﻿(c) section 66H(2)﻿(c) 66I(1)﻿(c)
3: Despite anything to the contrary elsewhere in this Act,—
a: unless the Tribunal is satisfied that, having regard to the special circumstances of the matter, including the nature of the premises, it would be unjust not to make the order, the Tribunal must not order the tenant to pay to the landlord—
i: any sum found to be owing by way of rent in arrear; or
ii: any other sum by way of damages or compensation:
b: if the landlord has applied for termination on the ground of rent in arrear, the Tribunal may, but is not required to, make the order terminating the tenancy.
4: Without limiting the generality of section 77
a: the Tribunal may order the landlord to pay to the tenant—
i: the whole of the sum found to have been paid by way of rent for the period for which the Tribunal is satisfied that the premises are or were unlawful residential premises; or
ii: an amount that is the sum referred to in subparagraph (i)
b: a section 78A
i: remove or rectify any impediment to the tenant lawfully occupying the premises for residential purposes; or
ii: comply with all requirements in respect of buildings, health, or safety under any enactment so far as they apply to the premises.
5: Even if the tenant does not apply for a particular order, the Tribunal may make any of the following orders on its own initiative:
a: any order under subsection (4)﻿(a)
b: any section 78A
c: any other order, authorised by this Act, that is in favour of the tenant (including, without limitation, an order under section 109 for an amount in the nature of exemplary damages for failure to comply with section 45(1)﻿(c) 66I(1)﻿(c) Section 78A inserted 27 August 2019 section 19 Residential Tenancies Amendment Act 2019
79: Jurisdiction to make interim orders
1: In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Tribunal may from time to time, on application by any party whether made ex parte
2: Where any such interim order is made on the ex parte
80: Orders of Tribunal to be final
Subject to sections 105 117 to 120 section 79
81: Exclusion of Tribunal's jurisdiction prohibited
1: A provision in any tenancy agreement to which this Act applies, or in any other agreement entered into by the parties to any such tenancy agreement, to exclude or limit—
a: the jurisdiction of the Tribunal; or
b: the right of any person to invoke that jurisdiction— shall be of no effect.
2: Without limiting the generality of subsection (1), the Tribunal shall have jurisdiction in respect of a claim notwithstanding any agreement relating to the matter that provides for—
a: the submission to arbitration of any dispute or difference; or
b: the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement.
3: Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the claim based on that cause of action.
82: Exclusion of other jurisdictions
1: Notwithstanding any other enactment or rule of law to the contrary, no court or other body shall have originating jurisdiction in respect of any matter that is within the jurisdiction of the Tribunal unless—
a: proceedings in respect of that matter were commenced before that court or other body before the commencement of this Act; or
b: an order is made under section 83(2)
2: Where subsection (1)﻿(a) applies to proceedings before a court or other body, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties before the Tribunal unless the proceedings are transferred to the Tribunal under subsection (3), or the claim before the court or other body is withdrawn, abandoned, or struck out.
3: In any case to which subsection (1)﻿(a) applies, the court or other body before which the proceedings were being conducted immediately before the date of the commencement of this Act may, with the consent of each of the parties, instead of determining the matter itself, order that the proceedings be transferred to the Tribunal subject to such provision (if any) as to the payment of costs as the court or other body thinks fit.
4: Where proceedings are transferred to the Tribunal under subsection (3), the Tribunal may have regard to any notes of evidence transmitted to the Tribunal, and it shall not be necessary for that evidence to be given again before the Tribunal unless the Tribunal so requires.
83: Transfer of proceedings to District Court
1: Where any proceedings have been commenced before the Tribunal that the Tribunal has no jurisdiction to hear and determine, the Tribunal may, instead of striking out the proceedings, order that they be transferred to the District Court
2: The Tribunal may order that any proceedings be transferred to the District Court
3: The Tribunal shall not make an order under subsection (1) or subsection (2) in respect of a claim if any agreement of a kind described in section 81(2)
4: Any proceedings transferred to the District Court Section 83(1) amended 1 March 2017 section 261 District Court Act 2016 Section 83(2) replaced 1 May 1996 section 33 Residential Tenancies Amendment Act 1996 Section 83(2) amended 1 March 2017 section 261 District Court Act 2016 Section 83(4) amended 1 March 2017 section 261 District Court Act 2016
83A: Referral of complaints to Health and Disability Commissioner
If a dispute or part of a dispute raises a question as to the landlord’s conduct in the landlord’s capacity as a provider of health or disability services and the conduct is of a kind about which a complaint may be made under the Health and Disability Commissioner Act 1994
a: consult with the Health and Disability Commissioner about the appropriateness of referring the dispute to the Health and Disability Commissioner; and
b: following that consultation, refer the dispute in whole or in part to the Health and Disability Commissioner for his or her consideration. Section 83A inserted 1 October 2010 section 59 Residential Tenancies Amendment Act 2010
84: Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
1: Subject to the succeeding provisions of this section, any Tenancy Adjudicator sitting alone, or any 2 or more Tenancy Adjudicators sitting together, may exercise all or any of the jurisdiction and powers of the Tribunal.
2: The Principal Tenancy Adjudicator may from time to time direct that any particular case or any particular class of cases shall be heard by any particular Tenancy Adjudicator or Adjudicators, or by any particular class of Tenancy Adjudicators, or by any specified number of members, of the Tribunal.
3: Without limiting subsection (2), the Principal Tenancy Adjudicator may direct that any particular case shall be heard by a Tenancy Adjudicator who has a qualification of a kind described in section 67(9)
85: Manner in which jurisdiction is to be exercised
1: Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that is most likely to ensure the fair and expeditious resolution of disputes between landlords and tenants of residential premises to which this Act applies.
2: The Tribunal shall determine each dispute according to the general principles of the law relating to the matter and the substantial merits and justice of the case, but shall not be bound to give effect to strict legal rights or obligations or to legal forms or technicalities. Procedure
86: Filing of applications
1: Proceedings before the Tribunal are commenced by filing an application in the approved form, with any prescribed fee,—
a: at any office of the Tribunal; or
b: by any electronic means (for example, through an Internet site) approved by the chief executive.
1A: The chief executive may, if acting under section 124A
a: 1 person is the landlord; or
b: 1 person ( P Example
A is a landlord. A’s spouse, B, is also a landlord. B is an associated person of A. The chief executive may file a single application to commence a proceeding that relates to 1 or more of A’s tenancies and to 1 or more of B’s tenancies.
2: Before the chief executive approves a proposed form for the purposes of subsection (1), the chief executive must consult with the Principal Tenancy Adjudicator about the proposed form.
2A: The approved form for an application under section 61(1)
a: to state whether the landlord wants the application to be dealt with under section 91AA
b: to provide specified contact details of the tenant for use by the Tribunal under section 91AA(3)
3: The chief executive must determine the offices of the Tribunal for the purposes of subsection (1).
4: The chief executive may from time to time vary or replace a determination described in subsection (3).
5: The chief executive must publish every determination under subsection (3) and every variation or replacement under subsection (4) in the Gazette Section 86 replaced 1 October 2010 section 60 Residential Tenancies Amendment Act 2010 Section 86(1) replaced 1 July 2016 section 26(1) Residential Tenancies Amendment Act 2016 Section 86(1A) inserted 11 February 2021 section 51 Residential Tenancies Amendment Act 2020 Section 86(2A) inserted 1 July 2016 section 26(2) Residential Tenancies Amendment Act 2016 Section 86(3) replaced 12 December 2012 section 7(2) Residential Tenancies Amendment Act 2012
87: Duties of chief executive on receipt of application
1: When an application is filed in accordance with section 86 appropriate
1A: Despite subsection (1), an application under section 61(1)
2: Despite subsection (1), if either party informs the chief executive that that party refuses to have the matter considered by a Tenancy Mediator, the chief executive must refer the application to the appropriate
3: For the purposes of this section and section 88 appropriate Registrar
4: The chief executive must ensure that a Tenancy Mediator to whom an application is referred is, and continues during the case to be, independent of each of the parties.
5: If any of the State services is a party, the Tenancy Mediator’s independence cannot be challenged just because the Tenancy Mediator is an officer or employee of any of the State services. Section 87 replaced 1 October 2010 section 60 Residential Tenancies Amendment Act 2010 Section 87(1) amended 12 December 2012 section 8(1) Residential Tenancies Amendment Act 2012 Section 87(1A) inserted 1 July 2016 section 27(1) Residential Tenancies Amendment Act 2016 Section 87(2) amended 12 December 2012 section 8(2) Residential Tenancies Amendment Act 2012 Section 87(3) inserted 12 December 2012 section 8(3) Residential Tenancies Amendment Act 2012 Section 87(4) inserted 1 July 2016 section 27(2) Residential Tenancies Amendment Act 2016 Section 87(5) inserted 1 July 2016 section 27(2) Residential Tenancies Amendment Act 2016
88: Functions of Tenancy Mediators
1: The primary function of a Tenancy Mediator in respect of an application referred to the Tenancy Mediator under section 87
2: Where an agreed settlement is reached, the Tenancy Mediator may, to give effect to the settlement, make any order or orders that the Tribunal could have made if the application had come before it.
3: If it appears to the Tenancy Mediator that it is unlikely that an agreed settlement can be reached within a reasonable time, the Tenancy Mediator—
a: shall report accordingly to the chief executive appropriate
b: shall, wherever practicable, after consultation with the chief executive appropriate
4: In any case to which subsection (3)﻿(a) applies, the Tenancy Mediator may include in the Tenancy Mediator’s chief executive section 102(2)﻿(c) sections 89 90
5: The chief executive and the chief executive of the Ministry of Justice must make arrangements under which an order made by a Tenancy Mediator to give effect to an agreed settlement will be referred to a Tenancy Adjudicator or Registrar
a: to the appropriate Registrar; or
b: by any electronic means (for example, through an Internet site) approved by the chief executive and the chief executive of the Ministry of Justice (if the arrangements allow applications to be made by electronic means).
5A: The Tenancy Adjudicator or Registrar or (6A)
6: Where that Tenancy Adjudicator believes that the order made by the Tenancy Mediator is outside the powers of the Tenancy Mediator to make, the Tenancy Adjudicator shall, instead of sealing the copy of the order,—
a: decline to seal the order, and direct the chief executive to refer the matter to a Tenancy Mediator for further consideration in accordance with any directions given by the Tenancy Adjudicator; or
b: direct that the matter be reconsidered and determined by the Tribunal.
6A: Where a Registrar to whom an order has been referred for sealing considers that the order is outside the powers of the Tenancy Mediator to make, the Registrar must, instead of sealing the copy of the order, decline to seal the order and refer the order to a Tenancy Adjudicator for consideration.
6B: If an order is referred to a Tenancy Adjudicator under subsection (6A), he or she must treat the order as if it had been referred directly to him or her under subsection (5).
7: Where any copy of an order made by a Tenancy Mediator is sealed under this section, it shall have effect as an order of the Tribunal, and shall be enforceable accordingly.
8: If a Tenancy Mediator makes an order under section 78(1)﻿(d) section 78(2AB) to (2AD)
a: section 78(2AB) and (2AD)
i: the references to the money order were references to the agreed settlement; and
ii: the reference to the Tribunal were a reference to the Tenancy Mediator; and
iii: the reference to a hearing were a reference to mediation:
b: the order made by the Tenancy Mediator under section 78(1)﻿(d) the District Court Section 88(3)﻿(a) amended 12 December 2012 section 9 Residential Tenancies Amendment Act 2012 Section 88(3)﻿(a) amended 1 October 2010 section 61(1) Residential Tenancies Amendment Act 2010 Section 88(3)﻿(b) amended 12 December 2012 section 9 Residential Tenancies Amendment Act 2012 Section 88(3)﻿(b) amended 1 October 2010 section 61(1) Residential Tenancies Amendment Act 2010 Section 88(4) amended 1 July 2016 section 28(1) Residential Tenancies Amendment Act 2016 Section 88(4) amended 1 October 2010 section 61(1) Residential Tenancies Amendment Act 2010 Section 88(5) replaced 1 July 2016 section 28(2) Residential Tenancies Amendment Act 2016 Section 88(5) amended 14 November 2018 section 259(1) Tribunals Powers and Procedures Legislation Act 2018 Section 88(5A) inserted 1 July 2016 section 28(2) Residential Tenancies Amendment Act 2016 Section 88(5A) amended 14 November 2018 section 259(2) Tribunals Powers and Procedures Legislation Act 2018 Section 88(5A) amended 14 November 2018 section 259(3) Tribunals Powers and Procedures Legislation Act 2018 Section 88(6)﻿(a) replaced 1 October 2010 section 61(3) Residential Tenancies Amendment Act 2010 Section 88(6A) inserted 14 November 2018 section 259(4) Tribunals Powers and Procedures Legislation Act 2018 Section 88(6B) inserted 14 November 2018 section 259(4) Tribunals Powers and Procedures Legislation Act 2018 Section 88(8) inserted 14 April 2014 section 6 Residential Tenancies Amendment Act 2011 Section 88(8)﻿(b) amended 1 March 2017 section 261 District Court Act 2016
89: Statements made in mediation to be subject to privilege
1: This section applies to any oral or written statement (including a statement contained in a document) made in the course of, and for the purposes of or in connection with, the mediation by a Tenancy Mediator of any dispute.
2: No action in defamation shall lie against any person in respect of any statement to which this section applies.
3: No evidence of any statement to which this section applies shall be admissible in any proceedings before any court or tribunal, or any person acting judicially.
4: Nothing in subsection (3) shall apply if—
a: the parties to the dispute consent to the admission of the statement; or
b: the statement is otherwise admissible in any criminal proceedings and the defendant in those proceedings adduces it; or
c: the statement is otherwise admissible in any criminal proceedings in which a person is charged with an offence—
i: against the person; or
ii: against rights of property; or
iii: of threatening, conspiring, or attempting to commit an offence against the person or against rights of property,— being an offence arising from an act or omission occurring after the statement was made; or
d: the statement is otherwise admissible in any criminal proceedings in which a person is charged with an offence arising from the making of the statement.
90: Tenancy Mediator to observe confidentiality
1: Every Tenancy Mediator commits an offence and is liable on conviction $1,800
2: Nothing in subsection (1) shall apply if—
a: the person from whom the information is received or by whom the statement is made consents to the disclosure; or
b: there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property; or
c: the information or statement is given in evidence pursuant to section 89(4)
d: the disclosure is reasonably required for the purpose of facilitating the mediation ; or
e: the disclosure is made to the Tribunal in good faith. Section 90(1) amended 11 February 2021 section 52 Residential Tenancies Amendment Act 2020 Section 90(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 90(2)﻿(d) amended 1 May 1996 section 35 Residential Tenancies Amendment Act 1996 Section 90(2)﻿(e) inserted 1 May 1996 section 35 Residential Tenancies Amendment Act 1996
91: Notice of hearing by Tribunal
1: Where any application is referred to, or directed to be reconsidered and determined by, the Tribunal under section 87 section 88
2: The notice of the hearing shall be in writing, and shall include the following:
a: a statement of such particulars as will fairly inform the party to whom it is given of the substance of the matters to be dealt with at the hearing:
b: a reference to the relevant provision of the Act or regulations under the authority of which the hearing will be held:
c: a statement of where information on the procedure of the Tribunal may be obtained:
d: a statement warning each party to whom the notice is given that if that party does not attend the hearing, the Tribunal may proceed to determine , dismiss, or adjourn
3: This section is subject to section 91AA Section 91(2)﻿(d) amended 1 May 1996 section 36(2) Residential Tenancies Amendment Act 1996 Section 91(3) inserted 1 July 2016 section 29 Residential Tenancies Amendment Act 2016
91AA: Process for determining abandonment applications within 10 working days without hearing
1: This section applies if a landlord who files an application under section 61(1) abandonment application section 86
2: The Tribunal must complete the 2 stages set out in subsections (3) to (6) within 10 working days after the date on which the abandonment application was filed in accordance with section 86 Stage 1
3: The Tribunal must, using the contact details provided by the landlord as referred to in section 86(2A)﻿(b)
a: to bring the abandonment application to the attention of the tenant; and
b: to ascertain whether the tenant wants to contest the abandonment application. Stage 2
4: The Tribunal must—
a: decide whether it is satisfied of both of the matters in subsection (5); and
b: if it decides that it is satisfied of both of those matters, determine the abandonment application in the way referred to in subsection (5)﻿(b).
5: The matters referred to in subsection (4)﻿(a) are as follows:
a: that the tenant does not want to contest the abandonment application:
b: that the information provided by the landlord with the abandonment application is sufficient on its own, or with only minor clarifications from the landlord, to enable the Tribunal to determine the abandonment application properly without a hearing and on the basis only of that information, or of that information with those minor clarifications.
6: For the purposes of subsection (5)﻿(a), the Tribunal may treat the tenant as not wanting to contest the abandonment application if the tenant does not, within a period determined by the Tribunal, respond to the steps taken by the Tribunal under subsection (3) or respond to those steps in a way required by the Tribunal.
7: If the Tribunal decides that it is not satisfied of both of the matters in subsection (5), the Tribunal must proceed with the abandonment application in accordance with section 91 Section 91AA inserted 1 July 2016 section 30 Residential Tenancies Amendment Act 2016
91A: Service on tenants following application
1: If a landlord files an application within 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant in connection with the application is deemed to have been properly served on the tenant if—
a: it is sent by post addressed to the tenant at the address or the Post Office box given by the tenant as an address for service in accordance with this Act or to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or
b: it is delivered to the premises to which any address for service relates or to that contact address and either placed in the mailbox or attached to the door in a prominent position; or
c: it is given to or served on the tenant personally; or
d: it is given to or served on the tenant in accordance with section 136(2)
e: it is transmitted to the email address or facsimile number given by the tenant as an address for service.
2: If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant—
a: personally; or
b: by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or
c: by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or
d: by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf.
3: This section overrides section 136(1) and (2) Section 91A inserted 1 October 2010 section 63 Residential Tenancies Amendment Act 2010
91B: Substituted service, etc
1: This section applies if—
a: a notice or other document that is required to be served on a party is not served in accordance with this Act; and
b: the Tribunal is satisfied that all reasonable efforts have been made to serve the notice or other document on the party in accordance with this Act.
2: The Tribunal may—
a: direct—
i: that, instead of service in accordance with this Act, specified steps be taken that are likely to bring the notice or other document to the attention of the party; and
ii: that the notice or other document be treated as served on the party on the happening of a specified event or on the expiry of a specified period; or
b: direct that the notice or other document be treated as served on the party on a specified date, if steps have already been taken that have brought, or are likely to bring or to have brought, the notice or other document to the attention of the party; or
c: dispense with the requirement for service and proceed as if the notice or other document had been served on the party in accordance with this Act. Section 91B replaced 1 July 2016 section 31 Residential Tenancies Amendment Act 2016
92: Non-attendance at hearing after due notice
1: Where notice of a hearing has been given to a party in accordance with section 91 , or dismiss or adjourn,
2: Where subsection (1) applies and neither the applicant nor the other party attends the hearing, the Tribunal may determine the matter only if it is satisfied that it has before it all the written information that it needs to make a proper determination. Section 92(1) amended 1 May 1996 section 36(1) Residential Tenancies Amendment Act 1996 Section 92(2) inserted 1 October 2010 section 64 Residential Tenancies Amendment Act 2010
92A: Tribunal may strike out proceeding
The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process. Section 92A inserted 14 November 2018 section 260 Tribunals Powers and Procedures Legislation Act 2018
93: Right of audience
1: At any hearing before the Tribunal, every party shall be entitled to attend and be heard, to call evidence, and to examine, cross-examine, and re-examine witnesses.
2: Except as provided in the succeeding provisions of this section, no party shall be entitled to be represented at the hearing by counsel or by a representative, except where—
a: the other party consents; or
b: the amount in dispute exceeds $6,000
c: the other party is, or the other party's case is being conducted by, the chief executive section 124 or 124A
3: The Tribunal may allow any party to be represented by counsel if it considers that it would be appropriate to do so, having regard to—
a: the nature and complexity of the issue involved; or
b: any significant disparity between the parties affecting their ability to represent their respective cases.
4: Where any party to any proceedings before the Tribunal is represented by counsel, any other party to those proceedings may be represented by counsel.
5: The following parties may be represented by a representative who is approved by the Tribunal:
a: the Crown, if the representative is an officer or employee of the Crown:
b: a corporation or an unincorporated body of persons, if the representative is an officer or employee or a member of the corporation or body or holds a majority interest in it:
c: a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons:
d: a minor, or other person under disability:
e: any other person, if the Tribunal is satisfied that for sufficient cause that person is unable to appear in person or is unable to present his or her case adequately.
6: Where a representative of a party is proposed for the Tribunal's approval, the Tribunal shall satisfy itself that the person proposed has sufficient knowledge of the case and sufficient authority to bind the party.
7: The Tribunal shall not appoint under section 94(2)﻿(a)
a: the person proposed for approval is a person or one of the persons jointly liable or entitled with another or others; or
b: the party seeking to be represented is a company and the person proposed for approval is the majority shareholder of the company ; or
c: the person proposed for approval is a person—
i: who is managing; and
ii: who was, before the proceedings were commenced before the Tribunal, managing— the party's affairs because of the party's absence, age, or disability. Section 93(2)﻿(b) amended 1 October 2010 section 65 Residential Tenancies Amendment Act 2010 Section 93(2)﻿(c) amended 1 July 2016 section 32 Residential Tenancies Amendment Act 2016 Section 93(2)﻿(c) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 93(7)﻿(b) amended 1 May 1996 section 37 Residential Tenancies Amendment Act 1996 Section 93(7)﻿(c) inserted 1 May 1996 section 37 Residential Tenancies Amendment Act 1996
94: Minors and persons under disability
1: Subject to this section, a minor may be a party to, and shall be bound by, proceedings before the Tribunal as if the minor were a person of full age and capacity.
2: Where a minor is a party to any proceedings before the Tribunal, the Tribunal may, if it considers it would be in the interests of the minor to do so,—
a: at any time appoint to represent the minor a person who is willing to do so and who is not disqualified by section 93(7)
b: when approving a representative under section 93(5)
3: In any proceedings before the Tribunal, any manager or person appointed to administer another's affairs under the Protection of Personal and Property Rights Act 1988
4: A person who is empowered by or under this section to control the conduct of the case of another person may do all such things in the proceedings as the person so empowered could do if that person were a party to the proceedings in place of that other person.
5: Nothing in this section shall restrict the application of sections 103 to 110
a: a settlement agreed to by or on behalf of a minor; or
b: a payment made or proposed to be made by, or on behalf of, or to, or for the benefit of, a minor,— after proceedings have been commenced before the Tribunal.
6: In this section proceedings before the Tribunal
a: proceedings before the Tribunal or on appeal from the Tribunal; and
b: a settlement agreed to in the course of any proceedings before the Tribunal or on appeal from the Tribunal; and
c: proceedings under section 108 and also includes any order made in any such proceedings. Section 94(3) replaced 1 May 1996 section 38 Residential Tenancies Amendment Act 1996 Section 94(5) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017
95: Proceedings usually to be in public
1: Except as provided in subsections (1A) and (2)
1A: If the proceedings relate to withdrawal from a tenancy under section 56B
2: In any other case, the Tribunal or on its own initiative
3:
4: Section 95(1) amended 11 August 2021 section 53(1) Residential Tenancies Amendment Act 2020 Section 95(1A) inserted 11 August 2021 section 53(2) Residential Tenancies Amendment Act 2020 Section 95(2) amended 11 August 2021 section 53(3) Residential Tenancies Amendment Act 2020 Section 95(2) amended 1 October 2010 section 66 Residential Tenancies Amendment Act 2010 Section 95(3) repealed 11 February 2021 section 53(4) Residential Tenancies Amendment Act 2020 Section 95(4) repealed 11 February 2021 section 53(4) Residential Tenancies Amendment Act 2020
95A: Suppression orders
1: The Tribunal must, on the application of a party that has wholly or substantially succeeded in proceedings, order that the party’s name or identifying particulars not be published, unless the Tribunal considers that publication is in the public interest or is justified because of the party’s conduct or any other circumstances of the case.
1A: The Tribunal must, in any proceedings that relate to withdrawal from a tenancy under section 56B
2: The Tribunal must, if the chief executive acts in the place of a party under section 124A
3: Subsection (4) any of subsections (1) to (2)
4: The Tribunal may, on the application of any party to proceedings or on its own initiative, having regard to the interests of the parties and to the public interest, order that all or part of the evidence given or the name or any identifying particulars of any witness or party not be published.
5: An order under subsection (4)
6: An order under subsection (4) subsection (5) any of subsections (1) to (2) Section 95A inserted 11 February 2021 section 54(1) Residential Tenancies Amendment Act 2020 Section 95A(1A) inserted 11 August 2021 section 54(2) Residential Tenancies Amendment Act 2020 Section 95A(3) amended 11 August 2021 section 54(3) Residential Tenancies Amendment Act 2020 Section 95A(6) amended 11 August 2021 section 54(4) Residential Tenancies Amendment Act 2020
96: Further provisions relating to procedure generally
1: The Tribunal may adjourn a hearing at any time and from time to time and place to place, upon the application of either party to the proceedings or of its own motion, and on such terms as it thinks fit.
2: The Tribunal may, on the application of any party to any proceedings before the Tribunal,—
a: extend any time limit; or
b: if it is satisfied that the other party will not be prejudiced thereby, waive compliance by the applicant with any other procedural requirement,— prescribed by or under this Act and relating to the proceedings.
3: The Tribunal may extend any such time limit notwithstanding that the application for the extension is not made until after the expiration of the time appointed or fixed.
3AA: The Tribunal must, on the application of any party to proceedings before it relating to withdrawal from a tenancy under section 56B
3AB: If evidence is to be given remotely under subsection (3AA), the Tenancy Adjudicator conducting the hearing or a Registrar of the Tribunal may determine which 1 or more of the following are to be used:
a: telephone:
b: audiovisual link:
c: any other remote access facility that the Tenancy Adjudicator or Registrar considers appropriate.
3A: The hearing of any other matter
4: Except as expressly provided in this Act or in any regulations made under this Act, the Tribunal may regulate its own procedure in such manner as it thinks fit.
5: Subject to the provisions of this Act and of any regulations made under this Act, and to any directions of the Principal Tenancy Adjudicator under section 115 Section 96(3AA) inserted 11 August 2021 section 55(1) Residential Tenancies Amendment Act 2020 Section 96(3AB) inserted 11 August 2021 section 55(1) Residential Tenancies Amendment Act 2020 Section 96(3A) inserted 14 November 2018 section 261(1) Tribunals Powers and Procedures Legislation Act 2018 Section 96(3A) amended 11 August 2021 section 55(2) Residential Tenancies Amendment Act 2020 Section 96(5) amended 14 November 2018 section 261(2) Tribunals Powers and Procedures Legislation Act 2018
97: Evidence
1: The Tribunal shall not have the power to administer an oath but may require a person giving evidence at a hearing to make a statement promising to tell the truth.
2: Where a witness is required to make such a statement under subsection (1), a Tenancy Adjudicator or an officer of the Tribunal shall put to the witness the following questions, or words of similar effect, to which the witness shall indicate assent: Do you promise to tell the truth? And do you understand that if you fail to tell the truth you will be liable to prosecution for giving false evidence?
3: The Tribunal may permit a party or witness to give evidence by tendering, or tendering and reading, a written statement and, if the Tribunal so requires, stating it to be the truth.
4: Subject to section 89
5: The Tribunal may in any proceedings make use of any facts that may be judicially noticed.
6: The Tribunal shall have power to refuse to accept any evidence or submission that is irrelevant or repetitious.
7: Without limiting section 101
a: the giving of any evidence and the answering of any questions:
b: the giving to the Tribunal of any information or statement:
c: the production to the Tribunal of any document or thing.
98: Witness summons
1: For the purposes of a hearing before the Tribunal, the Tribunal may of its own motion, and shall on the application of any party to the proceedings, issue in writing a witness summons requiring the person named in the witness summons to attend before the Tribunal and to give evidence, or to produce any document or thing in that person's possession or under that person's control, relevant to the proceedings.
2: The power to issue a witness summons under subsection (1) may be exercised by the Tribunal, or by the Registrar acting by the direction, or with the authority, of the Tribunal.
3: A witness summons shall be served at least 5 working days before the date on which the attendance of the witness is required, unless in special circumstances the Tribunal directs otherwise.
4: Every witness attending a hearing of the Tribunal pursuant to a witness summons shall be entitled to a sum for that witness's travelling allowances, travelling expenses, and fees at the rate for the time being prescribed, except that, in any particular case, the Tribunal may disallow the whole or any part of that sum if it considers it just to do so.
5: The allowances, travelling expenses, and fees payable to a witness pursuant to subsection (4) shall be paid by such party or parties to the proceedings as the Tribunal shall order or, if the Tribunal so decides, shall be paid out of money appropriated by Parliament for the purpose.
6: A witness summons may be set aside by the Tribunal or by the Principal Tenancy Adjudicator if the Tribunal or the Principal Tenancy Adjudicator considers that the summons relates to documents in respect of which any person may have a claim of privilege against disclosure, or that the summons is oppressive, whether because it is too wide or too uncertain or because of lack of time for the person served with the summons to have a reasonable opportunity to comply with it, or for any other reason.
6A: A witness summons must be in a form approved by the chief executive of the Ministry of Justice after consulting the Principal Tenancy Adjudicator.
7: Every witness summons shall include a statement informing the person summoned of the right to apply to the Tribunal under subsection (6) to have the summons set aside on the ground that it relates to privileged documents or that compliance with it would be oppressive to that person. Section 98(6A) inserted 29 October 2019 section 262 Tribunals Powers and Procedures Legislation Act 2018
98A: Other witness expenses
1: The Tribunal may order that a witness attending a hearing of the Tribunal (other than a witness attending pursuant to a witness summons) shall be entitled to a sum for that witness's travelling allowances, travelling expenses, and fees as prescribed by any rules made under section 116
2: The allowances, travelling expenses, and fees payable to a witness pursuant to subsection (1) shall be paid by such party or parties to the proceedings as the Tribunal shall order or, if the Tribunal so decides, shall be met from any appropriation by Parliament for that purpose. Section 98A inserted 1 May 1996 section 39 Residential Tenancies Amendment Act 1996
99: Tribunal may require inquiry and report by Tenancy Mediator
or suitable person
1: The Tribunal may, at any stage of any proceedings before it, require a Tenancy Mediator (not being one who has acted in any mediation of the dispute to which the proceedings relate) to inquire into, and report in writing to the Tribunal upon, any matter of fact having a bearing upon the proceedings, and may give to the Tenancy Mediator all such directions as to the nature, scope, and conduct of the inquiry as the Tribunal thinks fit.
2: Without limiting subsection (1), where, during any proceedings before it, the Tribunal is satisfied that the parties may be brought to an agreed settlement in respect of any matter in issue with the assistance of independent mediation, the Tribunal may refer the matter in dispute to a Tenancy Mediator accordingly; and the provisions of subsections (2) to (7) of section 88 chief executive
3: The Tribunal may, instead of appointing a Tenancy Mediator under subsection (1), appoint a person who, in the opinion of the Tribunal, is suitably qualified or experienced, and on such an appointment—
a: the person appointed is deemed to be a Tenancy Mediator for the purpose of the appointment; and
b: has, for that purpose, all the functions, duties, and powers of a Tenancy Mediator.
4: A person appointed under subsection (3) may be a natural person or a body corporate. Section 99 heading amended 1 October 2010 section 67(1) Residential Tenancies Amendment Act 2010 Section 99(2) amended 1 October 2010 section 67(2) Residential Tenancies Amendment Act 2010 Section 99(3) inserted 1 October 2010 section 67(3) Residential Tenancies Amendment Act 2010 Section 99(4) inserted 1 July 2016 section 33 Residential Tenancies Amendment Act 2016
100: Tenancy Mediator or Tribunal may require valuer's report in certain proceedings
1: A Tenancy Mediator or the Tribunal may, at any stage of any proceedings under section 25
2: In any case where the Crown or any instrument of the Crown is a party, the registered valuer shall not be an employee of the Crown. Section 100 replaced 1 May 1996 section 40(1) Residential Tenancies Amendment Act 1996
101: Protection of persons appearing, etc
1: All parties, counsel, representatives, and witnesses in any proceedings before the Tribunal shall have and enjoy the same privileges and immunities as they would have had if the proceedings were held in a court.
2: The privileges and immunities referred to in subsection (1) shall extend and apply to—
a: every Tenancy Mediator in the exercise of any power or jurisdiction under any of the provisions of this Act; and
b: any other person in respect of any dealings with any Tenancy Mediator.
3: In relation to a Tenancy Mediator that is a body corporate, subsection (2)﻿(a) also applies to any officer or employee of the body corporate through whom the body corporate is exercising any power or jurisdiction under any of the provisions of this Act in accordance with section 76(1B) Section 101(3) inserted 1 July 2016 section 34 Residential Tenancies Amendment Act 2016
102: Costs
1: Except in a case to which any of subsections (2), (4), or (5) apply
2: The Tribunal may make an order of a kind referred to in subsection (3) in any of the following cases:
a: where, in the opinion of the Tribunal, the proceedings are frivolous or vexatious or ought not to have been brought
b: where any of the parties was represented by counsel:
c: where, in the opinion of the Tribunal, the matter in dispute ought reasonably to have been settled before the Tenancy Mediator but that the party against whom the order is to be made refused, without reasonable excuse, to take part in proceedings before a Tenancy Mediator or acted in any such proceedings in a contemptuous or improper manner:
d: where any applicant to the Tribunal, after receiving notice of the hearing, fails to attend the hearing without good cause.
3: In any case to which subsection (2) applies, the Tribunal may order a party to pay—
a: to the Crown, any 1 or more of the following:
i: the reasonable costs of the Tribunal hearing:
ii: the fees and expenses of any witness that have been paid or are payable by the Crown:
iii: the reasonable fees and expenses of any Tenancy Mediator in relation to the preparation of a report under section 99
iv: the reasonable fees and expenses of any valuer in relation to the preparation of a report under section 100
b: to another party, the reasonable costs of that other party in connection with the proceedings.
4: If the applicant—
a: has been wholly successful in his or her claim, the Tribunal must order that the respondent pay the applicant the filing fee paid for the application:
b: has been partly successful in his or her claim, the Tribunal may order that the respondent pay the applicant the filing fee paid for the application.
5: The Tribunal may make an order to give effect, in whole or in part, to a provision in a tenancy agreement requiring one party (the debtor creditor Section 102(1) amended 1 October 2010 section 68(1) Residential Tenancies Amendment Act 2010 Section 102(2)﻿(a) amended 1 May 1996 section 41(1) Residential Tenancies Amendment Act 1996 Section 102(2)﻿(d) inserted 1 May 1996 section 41(2) Residential Tenancies Amendment Act 1996 Section 102(3)﻿(a) replaced 1 May 1996 section 41(3) Residential Tenancies Amendment Act 1996 Section 102(4) inserted 1 October 2010 section 68(2) Residential Tenancies Amendment Act 2010 Section 102(5) inserted 1 October 2010 section 68(2) Residential Tenancies Amendment Act 2010
103: Reference of questions of law to High Court
The Tribunal may state a case for the opinion of the High Court on any question as to the jurisdiction of the Tribunal or on any question of law arising in proceedings before it; and for that purpose the Tribunal may either conclude the proceedings subject to that opinion, or adjourn the proceedings until after that opinion is given.
104: Decision of Tribunal
1: The Tribunal shall give its final decision in any proceedings, together with its reasons for the decision, in writing.
2: The Tribunal shall provide both parties to the proceedings with a copy of its decision and its reasons for the decision, and with written notice of the rights of appeal (if any) against its decision, including any time limits on those rights.
105: Rehearings
1: The Tribunal shall in all proceedings have the power to order a rehearing of the whole or any part of the proceedings on the ground that a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur.
2: An application for a rehearing shall be lodged with the appropriate Registrar of the Tribunal within 5 working days after the date of the decision, or within such further time as the Tribunal may allow.
3: A copy of an application for a rehearing under this section shall be sent by the Tribunal to the other party to the proceedings as soon as practicable after it has been lodged with the Tribunal.
4: An application for a rehearing under this section shall not operate as a stay of proceedings unless the Tribunal so orders.
5: The Tribunal may grant an application for a rehearing under this section on such terms as it thinks fit, and may in the meantime stay proceedings.
6: Nothing in this section shall apply to proceedings under section 25 Enforcement and offences
106: Enforcement of possession orders
1: Every possession order shall, on being filed in the appropriate office of the warrant for the recovery of land the District Court Act 2016
2: Where any such order is filed in the District Court, section 138(1) Section 106(1) amended 14 November 2018 section 263(1) Tribunals Powers and Procedures Legislation Act 2018 Section 106(1) amended 1 March 2017 section 261 District Court Act 2016 Section 106(2) amended 14 November 2018 section 263(2) Tribunals Powers and Procedures Legislation Act 2018 Section 106(2) amended 1 March 2017 section 261 District Court Act 2016
107: Enforcement of orders other than possession orders and work orders
1: Every order made by the Tribunal other than a possession order or a work order shall be deemed to be an order of the District Court, and, subject to this section, may be enforced accordingly.
2: Where application is made to the District Court subsection (2) or subsection (2A) of section 78
3: If that party does not file in the court, within 10 working days after receiving notice of the application, a notice of objection
4: The notice referred to in subsection (3) may be given only on the ground that it is the belief of the party giving it that the order of the Tribunal has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it.
5: If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, the Registrar shall refer the matter to the Tribunal to be heard and determined under section 108(2)
6: The chief executive may advance to any person who seeks to enforce an order pursuant to subsection (1) the amount of any filing fee payable by that person; and, where the chief executive does make any such advance, the amount of the advance shall be recoverable from the other party as a debt due to the Crown. Section 107(2) replaced 1 May 1996 section 42 Residential Tenancies Amendment Act 1996 Section 107(2) amended 1 March 2017 section 261 District Court Act 2016 Section 107(3) amended 1 October 2010 section 69 Residential Tenancies Amendment Act 2010 Section 107(6) replaced 18 August 1992 section 8 Residential Tenancies Amendment Act 1992
108: Enforcement of work orders
1: Where—
a: a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
b: that other party has not complied with the alternative money order provided for by section 78(2) (if any) the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process of enforcement pursuant to section 107(1)
2: Subsequent proceedings shall be taken on an application for enforcement under subsection (1), and on a notice under section 107(5) section 86
a: vary the work order, or make a further work order or any other order that is authorised by section 78 (or 78A
b: grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 78(2) (if any) section 107(2)
c: (except in the case of a section 78A
d: discharge or amend any order previously made by the Tribunal.
2A: A person who , without reasonable excuse,
2B: A person commits an offence if—
a: the person intentionally fails to comply with a work order under section 78 78A
b: the failure to comply creates or increases a risk to the health or safety of any person living at the premises to which the work order relates.
2C: A person who commits an offence under subsection (2B)
3: Where any order is made under subsection (2)﻿(c)—
a: in favour of the landlord, the cost incurred by the landlord in undertaking the work (up to the amount specified by the Tribunal) shall be deemed to be rent in arrear and enforceable accordingly; or
b: in favour of the tenant, the tenant may set off the cost incurred in undertaking the work (up to the amount specified by the Tribunal) against rent payable by the tenant.
4: Without limiting subsection (3)﻿(b), where any order is made under subsection (2)﻿(c), the tenant may pay to the chief executive
5: Where any sum is paid to the chief executive chief executive
6: Any money paid to the chief executive under subsection (4) shall be paid by the chief executive into the Residential Tenancies Trust Account, and shall be paid out of that Account by the chief executive to the tenant if the chief executive is satisfied that the money is to be applied by the tenant to meet the cost of the work.
7: After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal. Section 108(1)﻿(b) amended 1 July 2016 section 35(1) Residential Tenancies Amendment Act 2016 Section 108(2)﻿(a) amended 27 August 2019 section 20(1) Residential Tenancies Amendment Act 2019 Section 108(2)﻿(b) amended 1 July 2016 section 35(1) Residential Tenancies Amendment Act 2016 Section 108(2)﻿(c) amended 27 August 2019 section 20(2) Residential Tenancies Amendment Act 2019 Section 108(2A) inserted 1 October 2010 section 70 Residential Tenancies Amendment Act 2010 Section 108(2A) amended 1 July 2016 section 35(2) Residential Tenancies Amendment Act 2016 Section 108(2B) inserted 11 February 2021 section 56 Residential Tenancies Amendment Act 2020 Section 108(2C) inserted 11 February 2021 section 56 Residential Tenancies Amendment Act 2020 Section 108(4) amended 18 August 1992 section 9(1) Residential Tenancies Amendment Act 1992 Section 108(5) amended 18 August 1992 section 9(2) Residential Tenancies Amendment Act 1992 Section 108(6) replaced 18 August 1992 section 9(3) Residential Tenancies Amendment Act 1992
109: Unlawful acts
1: Any of the following persons ( A B
a: a landlord:
b: a tenant:
c: the chief executive acting as the person responsible for the general administration of this Act or in the place of a landlord or a tenant under section 124A
2: A landlord or a tenant may not apply under subsection (1) later than—
a: 12 months after the termination of the tenancy in the case of—
i: an unlawful act to which section 19(2)
ii: a failure to keep records in respect of bonds that is an unlawful act to which section 30(2)
b: 12 months after the date of commission of the unlawful act in the case of any other unlawful act.
2A: The chief executive may not apply under subsection (1)
3: If, on an application under subsection (1) (other than one referred to in subsection (3A))
a: the intent of that person in committing the unlawful act; and
b: the effect of the unlawful act; and
c: the interests of the landlord or the tenant against whom the unlawful act was committed; and
d: the public interest,— it would be just to require the person against whom the order is sought to pay a sum in the nature of exemplary damages, the Tribunal may make an order accordingly.
3A: In the case of an application in respect of an unlawful act under section 54(3)
4: The maximum amount that a person may be ordered to pay under this section for any unlawful act referred to in any section shown in column 1 Schedule 1A column 3
4A: The Tribunal may make an order against a person on the ground that the person committed an unlawful act even though the conduct that formed part of that act also formed part of an offence or an alleged offence against section 109A(4)
5: Any amount ordered by the Tribunal to be paid under this section on the application of a landlord or a tenant, or on the application of the chief executive acting in place of
6: Any amount ordered by the Tribunal to be paid under this section on the application of the chief executive acting as the person responsible for the general administration of this Act shall be paid to the Crown.
7: Section 109(1) replaced 11 February 2021 section 57(1) Residential Tenancies Amendment Act 2020 Section 109(2) replaced 1 May 1996 section 43(1) Residential Tenancies Amendment Act 1996 Section 109(2) amended 11 February 2021 section 57(2) Residential Tenancies Amendment Act 2020 Section 109(2A) inserted 11 February 2021 section 57(3) Residential Tenancies Amendment Act 2020 Section 109(3) amended 11 February 2021 section 57(4) Residential Tenancies Amendment Act 2020 Section 109(3) amended 1 July 2016 section 36(1) Residential Tenancies Amendment Act 2016 Section 109(3A) inserted 1 July 2016 section 36(2) Residential Tenancies Amendment Act 2016 Section 109(4) replaced 1 October 2010 section 71 Residential Tenancies Amendment Act 2010 Section 109(4) amended 11 February 2021 section 57(5)﻿(a) Residential Tenancies Amendment Act 2020 Section 109(4) amended 11 February 2021 section 57(5)﻿(b) Residential Tenancies Amendment Act 2020 Section 109(4A) inserted 1 October 2010 section 71 Residential Tenancies Amendment Act 2010 Section 109(5) amended 11 February 2021 section 57(6) Residential Tenancies Amendment Act 2020 Section 109(5) amended 18 August 1992 section 10(2) Residential Tenancies Amendment Act 1992 Section 109(6) replaced 18 August 1992 section 10(3) Residential Tenancies Amendment Act 1992 Section 109(7) inserted 1 May 1996 section 43(3) Residential Tenancies Amendment Act 1996 Section 109(7) repealed 11 February 2021 section 57(7) Residential Tenancies Amendment Act 2020
109A: Tribunal may restrain further commissions of unlawful acts
1: If the Tribunal makes an order against a person under section 109
2: The Tribunal may make an order under subsection (1) on its own initiative or on the application of the applicant who applied for the order, under section 109
3: The Tribunal must specify the term of the order, which may not exceed 6 years.
4: Every person commits an offence who, being subject to an order under this section, intentionally contravenes the order.
5: A person who commits an offence against subsection (4) is liable on $3,600 Section 109A inserted 1 October 2010 section 72 Residential Tenancies Amendment Act 2010 Section 109A(5) amended 11 February 2021 section 58 Residential Tenancies Amendment Act 2020 Section 109A(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
109B: Tribunal may make pecuniary penalty orders
1: The Tribunal may, on the application of the chief executive, order a landlord to pay to the Crown the pecuniary penalty that the Tribunal determines to be appropriate if the Tribunal is satisfied that,—
a: at the time of committing the unlawful act, the landlord was—
i: a landlord of 6 or more tenancies ( see section 2(2B) to (2D)
ii: a landlord of a boarding house; and
b: the landlord intentionally committed an unlawful act under any of the following provisions:
i: section 45(1A) 66I(4)
ii: section 45(1AB) 66I(5)
iii: section 54(3)
iv: section 60AA
v: section 137(2)
2: The chief executive may not make an application under subsection (1) Section 109B inserted 11 February 2021 section 59 Residential Tenancies Amendment Act 2020
109C: Maximum amount of pecuniary penalty
The maximum amount of pecuniary penalty for an unlawful act referred to in section 109B Section 109C inserted 11 February 2021 section 59 Residential Tenancies Amendment Act 2020
109D: Considerations for Tribunal in determining pecuniary penalty
In determining an appropriate pecuniary penalty, the Tribunal must have regard to all relevant matters, including—
a: the nature and extent of the unlawful act; and
b: the nature and extent of any loss or damage suffered by any person because of the unlawful act; and
c: any gains made or losses avoided by the landlord in the unlawful act; and
d: the circumstances in which the unlawful act took place. Section 109D inserted 11 February 2021 section 59 Residential Tenancies Amendment Act 2020
109E: Only 1 pecuniary penalty order may be made for same conduct
If conduct by a landlord constitutes an unlawful act under 2 or more provisions, proceedings may be brought against that landlord for the unlawful act under any 1 or more of the provisions, but no landlord is liable to more than 1 pecuniary penalty order for the same conduct. Section 109E inserted 11 February 2021 section 59 Residential Tenancies Amendment Act 2020
110: Failing to answer witness summons
1: Every person commits an offence and is liable on $3,600
a: fails to attend in accordance with the summons; or
b: refuses to promise to tell the truth, or refuses to give evidence, or refuses to answer any question that the person is lawfully required by the Tribunal to answer concerning the subject of the proceedings; or
c: fails to produce any such document or thing lawfully required to be produced.
2: No person who is summoned shall be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which that person was required to attend, there has been paid or tendered to that person a sum for travelling expenses according to the scale for the time being prescribed. Section 110(1) amended 11 February 2021 section 60 Residential Tenancies Amendment Act 2020 Section 110(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
111: Giving false evidence
Every person commits an offence and is liable on conviction section 97(2) Section 111 amended 1 July 2013 section 413 Criminal Procedure Act 2011
111A: Offence of breaching suppression order
A person who breaches an order made under section 95A Section 111A inserted 14 November 2018 section 264 Tribunals Powers and Procedures Legislation Act 2018 Section 111A amended 11 February 2021 section 61 Residential Tenancies Amendment Act 2020
112: Contempt
1: Every person commits an offence and is liable on $2,000
a: wilfully
b: wilfully
c: wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or
d: wilfully and without lawful excuse disobeys any order or direction of the Tribunal (other than an order mentioned in section 78, 78A 108(2)
2: A Tenancy Adjudicator may order the exclusion from a sitting of the Tribunal of any person whose behaviour, in the opinion of the Tenancy Adjudicator, constitutes an offence against subsection (1), whether or not such person is charged with the offence; and any Registrar, or other officer under a Registrar's control, or constable may take such steps as are reasonably necessary to enforce such exclusion.
3: Notwithstanding anything in section 93 1988 No 110 s 56 Section 112 replaced 1 May 1996 section 44 Residential Tenancies Amendment Act 1996 Section 112(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 112(1) amended 1 October 2010 section 74 Residential Tenancies Amendment Act 2010 Section 112(1)﻿(a) amended 14 November 2018 section 265(1) Tribunals Powers and Procedures Legislation Act 2018 Section 112(1)﻿(b) amended 14 November 2018 section 265(2) Tribunals Powers and Procedures Legislation Act 2018 Section 112(1)﻿(d) amended 27 August 2019 section 21 Residential Tenancies Amendment Act 2019 Contact information for enforcement purposes Heading inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010
112A: Interpretation
In this section and in sections 112B to 112F contact information
a: held or supplied by a specified agency; and
b: about a judgment debtor named in a Tribunal order; and
c: of a type that the Secretary for Justice has, by notice in the Gazette judgment debtor judgment creditor specified agency
a: the department:
b: the Ministry of Social Development:
c: the Ministry of Justice specified database section 112C(2) Section 112A inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010
112B: Application for contact information
1: The judgment creditor named in a Tribunal order may apply to the chief executive for contact information about a judgment debtor named in the order to be made available to the court in which enforcement proceedings against the judgment debtor have been, or may be, commenced.
2: The application must—
a: be on a form approved for the purpose by the chief executive; and
b: be accompanied by any prescribed fee; and
c: have a copy of the relevant Tribunal order attached.
3: The applicant must supply the following information in the application:
a: the full name of the judgment debtor:
b: the number of the Tribunal order:
c: the judgment debtor’s last known address, to the best of the applicant’s knowledge:
d: the date on which the applicant believes the judgment debtor last lived at the last known address:
e: any other information known to the applicant that is likely to assist in a search by a specified agency for contact information about the judgment debtor, such as date of birth and any other names by which the judgment debtor is known:
f: the steps taken by the applicant to find any contact information about the judgment debtor.
4: If a judgment creditor is entitled under an enactment to recover any costs relating to the enforcement of an order, then the prescribed fee paid by an applicant under this section is to be treated as a cost that is recoverable, unless the judgment debtor proves that the information was publicly available at the time the applicant applied for the information. Section 112B inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010
112C: Application referred to specified agency
1: The chief executive must refer an application under section 112B
a: the application is properly completed, any prescribed fee is paid, and a copy of the relevant order is attached; and
b: the chief executive is satisfied that the applicant has, before making the application, made reasonable efforts to find contact information about the judgment debtor; and
c: the chief executive believes on reasonable grounds that a search by a specified agency may find contact information about the judgment debtor that may assist in the enforcement of the Tribunal order.
2: A specified agency that receives an application forwarded by the chief executive must search its specified databases in order to find contact information that relates to the judgment debtor identified in the application.
3: After searching its specified databases, the specified agency must,—
a: if it finds contact information about the judgment debtor, forward it to the chief executive; or
b: if it does not find contact information about the judgment debtor, or if it believes that the judgment debtor is dead, advise the chief executive of that fact. Section 112C inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010
112D: Response to applicant
1: If the chief executive receives contact information from a specified agency in response to an application, the chief executive must—
a: forward the contact information to the Secretary for Justice; and
b: advise the applicant that information has been forwarded to the Secretary for Justice.
2: If the chief executive receives advice that the specified agency has not found contact information about the judgment debtor, the chief executive must—
a: advise the applicant accordingly; or
b: if the chief executive believes on reasonable grounds that another specified agency may hold contact information about the judgment debtor, forward the application to that specified agency, in which case section 112C(2) and (3)
3: If the chief executive receives advice that the specified agency believes the judgment debtor is dead, the chief executive must advise the applicant accordingly.
4: If the chief executive does not advise the applicant under any of subsections (1) to (3) within 30 days of receipt of the application, the chief executive must write to the applicant explaining the reason for the delay. Section 112D inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010
112E: Specified information sent to District Court
When the Secretary for Justice receives contact information from the chief executive, he or she must—
a: determine in which office of the District Court enforcement proceedings should be commenced; and
b: send the contact information to the Registrar for that office of the District Court; and
c: advise the applicant—
i: that the information has been sent to the Registrar for that office of the District Court; and
ii: that enforcement proceedings may be commenced in that office of the District Court or, if they have already been commenced in that or any other office of the District Court, that enforcement proceedings may now continue in, or be transferred to, the office of the District Court in which the proceedings were, or should have been, commenced. Section 112E replaced 1 March 2017 section 261 District Court Act 2016
112F: Non-disclosure of contact information
1: If contact information has been sent to the Registrar of the District Court
2: No person may search, inspect, or copy any court file that contains contact information, unless a Judge directs otherwise.
3: A Judge may make a direction under subsection (2) only if satisfied that the contact information contained on the file is—
a: already known to the person seeking to search, inspect, or copy the record; or
b: no longer current. Section 112F inserted 1 October 2010 section 75 Residential Tenancies Amendment Act 2010 Section 112F(1) amended 1 March 2017 section 261 District Court Act 2016 Miscellaneous provisions
113: Chief executive to provide assistance
The chief executive must ensure that assistance is reasonably available from his or her staff to any person who seeks it in completing any forms required by this Act or any rules made under section 116 Section 113 replaced 1 October 2010 section 76 Residential Tenancies Amendment Act 2010
114: Powers of entry of Tenancy Mediators
1: Subject to the succeeding provisions of this section, every Tenancy Mediator who is a natural person section 99(1)
2: In respect of premises in any defence area (within the meaning of the Defence Act 1990
3: Except with the written authority of the Tribunal given in any particular case, no Tenancy Mediator shall exercise the power conferred by subsection (1) without first giving to each party to the dispute at least 24 hours' written notice of intention to do so.
4: Every notice given under subsection (3) shall state—
a: that it is given pursuant to this section; and
b: the address of the premises to which it relates; and
c: the time at which and the date on which the Tenancy Mediator proposes to inspect the premises.
5: Any party to the dispute shall be entitled to accompany, or have an agent accompany, the Tenancy Mediator while the Tenancy Mediator is inspecting the premises, whether or not that party would otherwise be entitled to enter or be in the premises.
6: A Tenancy Mediator who enters any premises under this section must,—
a: on initial entry, produce evidence of his or her identity; and
b: while subsequently on the premises, produce that evidence to any person who reasonably requests to see it.
7: Every person commits an offence and is liable on conviction $3,000 Section 114(1) amended 1 July 2016 section 37 Residential Tenancies Amendment Act 2016 Section 114(2) amended 1 April 1990 section 105(2) Defence Act 1990 Section 114(6) replaced 1 October 2010 section 77(1) Residential Tenancies Amendment Act 2010 Section 114(7) amended 11 February 2021 section 62 Residential Tenancies Amendment Act 2020 Section 114(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
115: Principal Tenancy Adjudicator may issue practice directions
For the purpose of ensuring that the application and administration of this Act is consistent throughout New Zealand, the Principal Tenancy Adjudicator may from time to time issue, for the guidance of other Tenancy Adjudicators, officers of the Tribunal, and parties before the Tribunal, any directions, notes, guidelines, or suggestions (not being inconsistent with this Act or any rules made under section 116
115A: Online publication of information about procedures, time frames, and progress of decisions
The following information must be published on an Internet site maintained by or on behalf of the chief executive of the Ministry of Justice:
a: information about the purpose of the Tribunal and how to commence a proceeding:
b: any requirements that must be met to bring a proceeding:
c: guidelines on how and when parties may obtain information on the progress of their case and when a decision may be expected. Section 115A inserted 29 October 2019 section 266 Tribunals Powers and Procedures Legislation Act 2018
115B: Online publication of final written decisions
1: Every final written decision of the Tribunal must be published on an Internet site as soon as practicable unless there is good reason not to publish it.
2: A final written decision may be published in part if there is good reason for not publishing the full decision.
3:
4: Good reason not to publish a decision, or part of it, includes the following:
a: non-publication is necessary because of a suppression order or statutory requirement that affects publication or continued publication:
b: the decision falls into a category of decisions that are of limited public value:
c: taking into account the presumption in subsection (1) in favour of publication, the Tribunal nevertheless determines that the decision or any part of it should not be published because publication or the effect of publication would be contrary to the interests of justice.
5: In this section, final written decision
a: a written reserved decision following an oral hearing:
b: a written decision in any case considered on the papers. Section 115B inserted 29 October 2019 section 266 Tribunals Powers and Procedures Legislation Act 2018 Section 115B(3) repealed 11 February 2021 section 63 Residential Tenancies Amendment Act 2020
116: Rules of procedure
1: The Governor-General may from time to time, by Order in Council, make rules for all or any of the following purposes:
a: regulating the practice and procedure of the Tribunal:
b: prescribing such things (including fees) as are required by this Act to be prescribed:
c: prescribing such other matters as are necessary or desirable for carrying out the provisions of this Part.
2: Without limiting the generality of subsection (1), rules may be made providing for the following:
a: the keeping of records by the Tribunal and the form of such records:
b: the form of documents to be issued by the Tribunal and the sealing of its documents:
c: the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons:
d: the duties, functions, and powers of the Tribunal, Registrars, and chief executive
i: the service of documents and the giving of notices:
ii: the enlargement of dates of hearing:
iii: the adjournment of proceedings:
iv: the reports of Tenancy Mediators:
e: the withdrawal and amendment of applications:
f: the summoning of witnesses, and the payment of witnesses from public funds or otherwise:
g: the duties, functions, and powers of the chief executive
h: the transfers of proceedings from the Tribunal to the District Court
i: the filing of orders of the Tribunal in the District Court
j: the searching of the records of the Tribunal.
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 116(2)﻿(d) amended 1 October 2010 section 78 Residential Tenancies Amendment Act 2010 Section 116(2)﻿(g) amended 1 October 2010 section 78 Residential Tenancies Amendment Act 2010 Section 116(2)﻿(h) amended 1 March 2017 section 261 District Court Act 2016 Section 116(2)﻿(i) amended 1 March 2017 section 261 District Court Act 2016 Section 116(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Appeals
117: Appeal to District Court
1: Subject to subsection (2), any party to any proceedings before the Tribunal who is dissatisfied with the decision of the Tribunal in the proceedings may appeal to the District Court
1A: A decision referred to in subsection (1) includes the decision to grant, or refuse to grant, an application under section 105
2: No appeal shall lie—
a: against an interim order made under section 79
b: against an order, or the failure to make an order, for the payment of money where the amount that would be in dispute on appeal is less than $1,000; or
c: against a work order, or the failure to make a work order, where the value of the work that would be in dispute on appeal is less than $1,000.
3: The District Court has sections 74 to 79
4: The provisions of section 85 the District Court
5: An appeal under this section shall be brought by the filing of a notice of appeal
6: Every such notice of appeal shall be filed within 10 working days after the date of the decision to which the appeal relates.
7: As soon as practicable after a notice of appeal has been filed under this section, the Registrar of the court shall cause a copy of the notice to be lodged with the Tribunal's records relating to the proceedings to which the appeal relates, and, on receipt of that copy, the Registrar of the Tribunal shall send the Tribunal's file on the matter to the court.
8: The Registrar of the court shall fix the time and place for the hearing of the appeal and shall notify the appellant.
9: A copy of every notice of appeal together with a notice of the time and place for hearing the appeal shall be served by the Registrar on the other party to the proceedings before the Tribunal, and that party may appear and be heard.
10: The filing of a notice of appeal under this section shall not operate as a stay of proceedings, unless the Tribunal or a District Court Judge, on application, so determines.
11: Where the appeal relates to an order terminating the tenancy made on the ground of non-payment of rent, a stay of proceedings shall not be granted unless the application for stay is supported by a receipt or other written evidence tending to show that the rent was not in fact in arrear at the date of the hearing before the Tribunal. Section 117(1) amended 1 March 2017 section 261 District Court Act 2016 Section 117(1A) inserted 1 October 2010 section 79(1) Residential Tenancies Amendment Act 2010 Section 117(2)﻿(b) replaced 1 May 1996 section 45 Residential Tenancies Amendment Act 1996 Section 117(2)﻿(c) inserted 1 May 1996 section 45 Residential Tenancies Amendment Act 1996 Section 117(3) amended 1 March 2017 section 261 District Court Act 2016 Section 117(4) amended 1 March 2017 section 261 District Court Act 2016 Section 117(5) amended 1 October 2010 section 79(2) Residential Tenancies Amendment Act 2010
118: Powers of District Court Judge on appeal
1: On the hearing of an appeal under section 117
a: quash the order of the Tribunal and order a rehearing of the claim by the Tribunal on such terms as the Judge thinks fit; or
b: quash the order, and substitute for it any other order or orders that the Tribunal could have made in respect of the original proceedings; or
c: dismiss the appeal.
2: In ordering a rehearing under subsection (1)﻿(a), the District Court Judge may give to the Tribunal such directions as the Judge thinks fit as to the conduct of the rehearing.
3: The procedure at an appeal under this section shall be such as the Judge may determine.
119: Appeal on questions of law to High Court
1: Any party to an appeal under section 117
2: Every appeal under this section shall be dealt with in accordance with the High Court Rules 2016 Section 119(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016
120: Further appeal to Court of Appeal
1: Any party to an appeal under section 119
2: An application to the High Court for leave to appeal to the Court of Appeal under this section shall be brought, in accordance with the rules of court, within 15 working days after the determination of the High Court, or within such further time as the High Court may allow; and the High Court may grant leave accordingly if, in its opinion, the appeal involves a question of law that, because of its general or public importance or for any other reasons, ought to be submitted to the Court of Appeal for decision.
3: Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in accordance with the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if, in its opinion, the appeal involves a question of law that, because of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
4: On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
5: The decision of the Court of Appeal on any appeal under this section shall be final; and the same judgment shall be entered in the High Court, and the same consequences and proceedings shall follow thereon, as if the decision of the Court of Appeal had been given in the High Court.
6: The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.
4: Administration
Functions and powers of chief executive Heading replaced 18 August 1992 section 11 Residential Tenancies Amendment Act 1992
121: Chief executive responsible for administration of Act
The chief executive is responsible for the general administration of this Act. Section 121 replaced 18 August 1992 section 11 Residential Tenancies Amendment Act 1992
122: Director-General may delegate powers
Section 122 repealed 18 August 1992 section 12 Residential Tenancies Amendment Act 1992
123: General functions and powers of
chief executive
1: For the purposes of this Act, the chief executive
a: the investigation of, and the conduct of research into, any matters generally affecting or that may affect the interests of parties to tenancy agreements, or any such matters arising in any particular case:
b: the publication of reports, the dissemination of information, and the taking of such steps as the chief executive
c: the giving of opinions and advice to persons on any provisions of this Act or of any other enactment or rule of law relating to tenancy agreements:
ca: the monitoring and assessment of compliance by landlords with the healthy homes standards:
cb: the monitoring and assessing of compliance by landlords with this Act:
d: the investigation, whether on the complaint of a party or not, of any alleged breach of this Act, or of any tenancy agreement, and the taking of such action, whether involving prosecution or other proceedings, negotiation, or arbitration, as the chief executive
da: to supervise the operations of the office of the Tribunal and to work in close co-operation with the Registrar to ensure that disputes arising within the jurisdiction of the Tribunal are dealt with efficiently and expeditiously:
db: the publication of comments about particular persons who are, or have been, landlords:
e: the making of reports to the Minister on any matter relating to residential tenancies that the Minister may require, or that the chief executive
2: Except as required by the Minister under paragraph (e) of subsection (1), whether or not to perform or exercise any of the functions and powers specified in that subsection in any particular case shall be a matter for the chief executive's chief executive Residential Tenancies Act 1978–1981 s 11(1) (SA) Section 123(1) heading amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 123(1) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 123(1)﻿(b) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 123(1)﻿(ca) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 123(1)﻿(cb) inserted 11 February 2021 section 64 Residential Tenancies Amendment Act 2020 Section 123(1)﻿(d) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 123(1)﻿(da) inserted 1 October 2010 section 80 Residential Tenancies Amendment Act 2010 Section 123(1)﻿(db) inserted 1 July 2016 section 38 Residential Tenancies Amendment Act 2016 Section 123(1)﻿(e) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 123(2) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992
123A: Documents to be retained by landlord and produced to chief executive if required
1: A landlord must retain the following documents (or copies of them) during, and for 12 months after the termination of, the tenancy:
a: the tenancy agreement and any variations or renewals of it:
b: any reports of inspections of the premises carried out by or for the landlord during the tenancy:
c: records of any building work for which a building consent is required, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work carried out at the premises by or for the landlord during the tenancy:
d: any reports or assessments by a professional tradesperson of work that is carried out or is required in relation to a premises that relates to the landlord’s compliance with section 45 66I
e: the records or other documents that relate to the landlord’s compliance with the healthy homes standards and that are prescribed by regulations under section 138B(5)
f: any advertisement for the tenancy (including an advertisement from before the commencement of the tenancy):
g: any notices or correspondence between a landlord (or a person acting on the landlord’s behalf) and—
i: a tenant (or a person acting on the tenant’s behalf) in relation to the tenancy:
ii: a prospective tenant (or a person acting on the prospective tenant’s behalf) in relation to the tenancy.
2: The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)﻿(b) to (g) section 30
3: A notice under subsection (2)—
a: may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
b: may not be given any later than 12 months after the termination of the tenancy; and
c: must specify the way in which the documents must be produced to the chief executive.
4: A landlord who receives a notice under subsection (2) must, within 10 working days of receiving the notice, produce the documents to the chief executive in the way specified in the notice.
5: A landlord who, without reasonable excuse, fails to comply with subsection (4)
a: commits an unlawful act; and
b: commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B
6: In this section,— building consent building work section 7 gasfitting section 5 prescribed electrical work section 2(1) professional tradesperson sanitary plumbing section 6 Section 123A inserted 1 July 2016 section 39 Residential Tenancies Amendment Act 2016 Section 123A(1) replaced 11 February 2021 section 65(1) Residential Tenancies Amendment Act 2020 Section 123A(1)﻿(ca) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 123A(2) amended 11 February 2021 section 65(2) Residential Tenancies Amendment Act 2020 Section 123A(4) replaced 11 February 2021 section 65(3) Residential Tenancies Amendment Act 2020 Section 123A(5) inserted 11 February 2021 section 65(3) Residential Tenancies Amendment Act 2020 Section 123A(6) inserted 11 February 2021 section 65(3) Residential Tenancies Amendment Act 2020
123B: Documents to be produced by tenant to chief executive if required
1: The chief executive may by notice in writing require a tenant to produce to the chief executive any specified documents, or any documents of a specified class, that—
a: fall within section 123A(1)﻿(a) to (d)
b: are in the tenant’s possession or under the tenant’s control.
2: A notice under subsection (1)—
a: may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
b: may not be given any later than 12 months after the termination of the tenancy; and
c: must specify the way in which the documents must be produced to the chief executive. Section 123B inserted 1 July 2016 section 39 Residential Tenancies Amendment Act 2016
123C: Chief executive’s powers in relation to produced documents
If a document is produced to the chief executive under section 123A 123B
a: inspect and make records of the document; and
b: take copies of the document or extracts from it. Section 123C inserted 1 July 2016 section 39 Residential Tenancies Amendment Act 2016
123CA: Programmes of inspections to monitor and assess compliance with healthy homes standards
The chief executive may, for the purposes of the chief executive’s function under section 123(1)﻿(ca) Section 123CA inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017
123D: Power of entry to inspect premises
1: An authorised person may, at any reasonable time, enter any premises that are the subject of a tenancy to inspect the premises, and any fixtures, fittings, and chattels in the premises, if—
a: the inspection is authorised by an order of the Tribunal under section 123E
b: the authorised person gives both the landlord and the tenant at least 24 hours’ written notice of the authorised person’s intention to enter the premises.
2: A notice under subsection (1)﻿(b) must—
a: state that it is given under this section; and
b: state the address of the premises to which it relates; and
c: state the time at which, and the date on which, the authorised person proposes to inspect the premises; and
d: include a copy, sealed with the Tribunal’s seal, of the Tribunal’s order under section 123E
3: The authorised person’s power to inspect includes the power to do any of the following:
a: to bring onto, and operate on, the premises any equipment (and to use electricity from the electricity supply at the premises for the purpose of operating the equipment):
b: to take or make photographs, sound or video recordings, measurements, or drawings:
c: to take samples of things for analysis:
d: to test things.
4: The landlord or the tenant (as the case may be) must provide the authorised person with all assistance that the authorised person reasonably requests from the landlord or the tenant in relation to the inspection, including (for example) assistance reasonably requested for the purpose of enabling the authorised person to enter the premises or to access any part of the premises.
5: Both the landlord and the tenant may accompany, or have a person acting on behalf of the landlord or the tenant accompany, the authorised person while the authorised person is inspecting the premises.
6: A person ( A
7: An authorised person who enters any premises under this section must,—
a: on initial entry, produce evidence of the authorised person’s identity; and
b: while subsequently on the premises, produce that evidence to any person who reasonably requests to see it.
8: In respect of any premises in any defence area (within the meaning of the Defence Act 1990
9: A person commits an offence and is liable on conviction to a fine not exceeding $3,000
a: fails to comply with subsection (4); or
b: obstructs or hinders an authorised person in the exercise of the authorised person’s powers under this section.
10: Sections 166 167
11: In this section, authorised person
12: The chief executive may authorise a person for the purposes of subsection (11) only if the chief executive is satisfied that the person is properly qualified or trained to exercise the powers of an authorised person under this section.
13: This section does not affect any power or right that a person has apart from this section to enter any premises or to do anything on any premises. Section 123D inserted 1 July 2016 section 39 Residential Tenancies Amendment Act 2016 Section 123D(9) amended 11 February 2021 section 66 Residential Tenancies Amendment Act 2020
123E: Tribunal may authorise inspection
1: The chief executive may, in relation to a tenancy, apply to the Tribunal for an order authorising an inspection under section 123D
2: The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing—
a: that there has been a breach of the tenancy agreement or a breach of this Act in relation to the tenancy; and
b: that the inspection is reasonably necessary for the purposes of the chief executive’s functions or powers under this Act in relation to the breach.
2A: The chief executive may, for the purpose of implementing a programme of inspections prepared under section 123CA section 123D
2B: The Tribunal may make an order authorising the inspection if it is satisfied that the chief executive has reasonable grounds for believing that the order is reasonably necessary for the purpose of implementing the programme.
3: The Tribunal’s authorisation under subsection (2) or (2B) Section 123E inserted 1 July 2016 section 39 Residential Tenancies Amendment Act 2016 Section 123E(2A) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 123E(2B) inserted 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017 Section 123E(3) amended 1 July 2019 section 8(1) Healthy Homes Guarantee Act 2017
124: Chief executive Section 124 repealed 11 February 2021 section 67 Residential Tenancies Amendment Act 2020
124A: Chief executive may take proceedings
in place of tenant or landlord
1: The chief executive may, if satisfied that it is in the public interest to do so on any of the grounds listed in subsection (2), do any of the following in relation to a tenancy as if the chief executive were a party to the tenancy:
a: initiate any proceedings in the Tribunal or a court that could be brought by the party:
b: defend any proceedings in the Tribunal or a court that are brought against the party:
c: assume the conduct of any proceedings in the Tribunal or a court brought by or against the party:
d: take any steps that are necessary to enforce or protect the rights of the party in relation to any infringement or suspected infringement of any of those rights under the tenancy agreement or this Act.
2: The grounds referred to in subsection (1) are as follows:
a: in the chief executive’s opinion, the condition of the premises, or the condition of any premises in relation to which the landlord is the landlord under another tenancy, poses a significant risk to the health or safety of any person:
b: in the chief executive’s opinion, the tenant or the landlord
c: in the chief executive’s opinion, any conduct of the tenant or the landlord
d: any other ground that the chief executive considers appropriate.
3: The chief executive may act in the place of a party under subsection (1)
a: without the consent of the party:
b: despite the party’s refusal to consent:
c: even if the tenancy has terminated.
4: If the tenancy has terminated,—
a: any application for a work order that is made, or the conduct of which is assumed, by the chief executive must be dealt with (or continue to be dealt with after the termination) as if the tenancy were still in force; and
b: any work order granted on an application that was made, or the conduct of which was assumed, by the chief executive must be complied with, and may be enforced by the chief executive, despite the tenancy’s termination. Section 124A inserted 1 July 2016 section 40 Residential Tenancies Amendment Act 2016 Section 124A heading amended 11 February 2021 section 68(1) Residential Tenancies Amendment Act 2020 Section 124A(1) replaced 11 February 2021 section 68(2) Residential Tenancies Amendment Act 2020 Section 124A(2)﻿(b) amended 11 February 2021 section 68(3) Residential Tenancies Amendment Act 2020 Section 124A(2)﻿(c) amended 11 February 2021 section 68(4) Residential Tenancies Amendment Act 2020 Section 124A(3) replaced 11 February 2021 section 68(5) Residential Tenancies Amendment Act 2020
124B: Supplementary provision to section 124A
1: The chief executive may not initiate section 124A(1)
2: If the chief executive acts in the place of a party ( A section 124A(1)
a: the chief executive has the same rights and remedies as A
b: the chief executive may do anything in relation to the proceedings that A A
c: if the proceedings have already commenced, the Tribunal or court must substitute the chief executive for A
d: the Tribunal must, on the chief executive’s application, order that any other claim by or against A be dealt with in separate proceedings brought by the claimant against A (and not against the chief executive):
e: any order or judgment may be enforced by the chief executive as if the chief executive were A
f: any money (excluding costs) recovered by the chief executive must, without any deduction, be paid by the chief executive to A
g: A
3: In subsection (2)﻿(d), claim
4: If a person is the landlord under 2 or more tenancies and the chief executive acts under section 124A(1)
5: Any certificate given by the chief executive relating to the chief executive’s powers under section 124A Section 124B inserted 1 July 2016 section 40 Residential Tenancies Amendment Act 2016 Section 124B(1) amended 11 February 2021 section 69(1) Residential Tenancies Amendment Act 2020 Section 124B(2) amended 11 February 2021 section 69(2)﻿(a) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(a) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(b) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(c) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(d) replaced 11 February 2021 section 69(3) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(e) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(f) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020 Section 124B(2)﻿(g) amended 11 February 2021 section 69(2)﻿(b) Residential Tenancies Amendment Act 2020
125: Immunities
No personal liability shall attach to the chief executive chief executive chief executive chief executive chief executive's Residential Tenancies Act 1978–1981 s 12 (SA) Section 125 amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992
126: Annual report
1: The chief executive shall, as soon as practicable after 30 June in each year, submit to the Minister a report on the administration of this Act during the year ending on that day; and shall include that report in the annual report of the department section 43
2: The report shall show separately—
a: the audited consolidated financial statements for the Residential Tenancies Trust Account for the year to which the report relates, consisting of such statements as may be necessary to show the financial position of that Account and the financial results of the operation of the Account during that year; and
b: the auditor's report on those financial statements. Section 126 replaced 18 August 1992 section 13(1) Residential Tenancies Amendment Act 1992 Section 126(1) amended 1 October 2010 section 81 Residential Tenancies Amendment Act 2010 Section 126(1) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 126(2) replaced 1 May 1996 section 47 Residential Tenancies Amendment Act 1996 Infringement offences Heading inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126A: Interpretation
In this Act,— infringement fee clause 2 infringement offence Section 126A inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126B: Proceedings for infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 126C
2: Proceedings commenced in the way described in subsection (1)﻿(a) section 21(1)﻿(a)
3: See section 21 Section 126B inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126C: When infringement notice may be issued
The chief executive may issue an infringement notice to a person if the chief executive believes on reasonable grounds that the person is committing, or has committed, an infringement offence. Section 126C inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126D: Infringement notice may be revoked
1: The chief executive may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a court under section 21
2: An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.
3: The revocation of an infringement notice under this section is not a bar to any other enforcement action against the person to whom the notice was issued in respect of the same matter. Section 126D inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126E: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the department:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations. Section 126E inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126F: How infringement notice may be served
1: An infringement notice may be served on the person who the chief executive believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1)
b: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the chief executive. Section 126F inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126G: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 126G inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020 Improvement notices Heading inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126H: Power to issue improvement notices
1: This section applies if the chief executive reasonably believes that a person—
a: is contravening a provision of this Act, of regulations made under this Act, or of a tenancy agreement; or
b: is likely to contravene a provision of this Act, of regulations made under this Act, or of a tenancy agreement.
2: The chief executive may issue an improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention. 2015 No 70 s 101 Section 126H inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126I: Content of improvement notices
1: An improvement notice must state—
a: that the chief executive believes the person—
i: is contravening a provision of this Act, of regulations made under this Act, or of a tenancy agreement; or
ii: is likely to contravene a provision of this Act, of regulations made under this Act, or of a tenancy agreement; and
b: the provision the chief executive believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a reasonable period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: An improvement notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 2015 No 70 s 102 Section 126I inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126J: Compliance with improvement notice
1: A failure to comply with an improvement notice is an unlawful act.
2: It is not an unlawful act to fail to comply with recommendations in an improvement notice. 2015 No 70 s 103 Section 126J inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126K: Extension of time for compliance with improvement notices
1: This section applies if a person has been issued with an improvement notice.
2: The chief executive may, by written notice given to the person, extend the compliance period for the improvement notice.
3: However, the chief executive may extend the compliance period only if the period has not ended.
4: In this section, compliance period
a: means the period stated in the improvement notice under section 126I(1)
b: includes any extension of that period under this section. 2015 No 70 s 104 Section 126K inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126L: Chief executive may withdraw improvement notice
1: The chief executive may withdraw an improvement notice.
2: The withdrawal of an improvement notice does not prevent another improvement notice from being served in relation to the same matter. 2000 No 24 s 223G Section 126L inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126M: Objection to improvement notice
1: A person who has been issued with an improvement notice may file an objection with the Tribunal.
2: An objection must be filed with the Tribunal within 28 days after the date on which the improvement notice was served on the person.
3: In determining the objection, the Tribunal must consider—
a: whether the person has failed, or is likely to fail, to comply with a specified provision of this Act, of regulations made under this Act, or of a tenancy agreement; and
b: the nature and extent of the failure or likely failure to comply with the provision; and
c: the nature and extent of any loss suffered by any other party to the tenancy agreement as a result of the failure or likely failure to comply with the provision.
4: The Tribunal may confirm, vary, or rescind the improvement notice as the Tribunal thinks fit. 2000 No 24 s 223E Section 126M inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020 Enforceable undertakings Heading inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126N: Chief executive may accept enforceable undertakings
1: The chief executive and a party to a tenancy may agree in writing that the party will undertake by a specified date (an enforceable undertaking
a: rectify the breach of any provision of this Act, of regulations made under this Act, or of a tenancy agreement; or
b: pay money owed to another party to the tenancy under this Act, of regulations made under this Act, or of a tenancy agreement; or
c: take any other action that the chief executive determines is appropriate, having regard to the nature of the breach.
2: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates. Section 126N inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126O: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the chief executive’s decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the chief executive. 2015 No 70 s 125 Section 126O inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126P: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by that person that is in force.
2: A person who contravenes subsection (1) 2015 No 70 s 126 Section 126P inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126Q: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the chief executive,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act, the regulations, or the tenancy agreement. 2015 No 70 s 128 Section 126Q inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020
126R: Proceedings for alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act, the regulations, or a tenancy agreement may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
2: No proceedings may be brought for a contravention or an alleged contravention of this Act, the regulations, or a tenancy agreement against a person who—
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The chief executive may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the chief executive accepts an enforceable undertaking before the proceedings are completed, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129 Section 126R inserted 11 February 2021 section 70 Residential Tenancies Amendment Act 2020 Residential Tenancies Trust Account Heading replaced 18 August 1992 section 14 Residential Tenancies Amendment Act 1992
127: Residential Tenancies Trust Account
1: The following sums shall be deemed to be trust money for the purposes of Part 7
a: all sums paid to the chief executive by way of bond under section 20 section 21
b: all rent money that is, by virtue of any of the provisions of this Act or of any order of the Tribunal, to be paid into the Residential Tenancies Trust Account:
c: any other money that, by virtue of any such provision or any such order, is to be or may be credited to that Account,— and shall be paid into a Trust Bank Account called the Residential Tenancies Trust Account under that Part of that Act.
2: Subject to subsection (3), the trust money in the Residential Tenancies Trust Account shall be managed and invested in accordance with Part 7
3: Nothing in subsection (2) of section 68 sections 69 70
4: Subject to sections 22 to 22D
a: pursuant to an order of the Tribunal; or
b: with the chief executive's prior written consent.
5: If, in respect of any sum of money that is credited to the Residential Tenancies Trust Account, the chief executive is uncertain who is entitled to it, or whether or not any such sum should be paid out of that Account to any person, the chief executive may apply to the Tribunal for an order determining who is so entitled or whether or not any such sum should be so paid out.
6: Where any money is paid out of the Residential Tenancies Trust Account in conformity with any such order of the Tribunal, neither the Crown nor the chief executive shall incur any liability in respect of the payment.
7: All interest, dividends, and other gains (whether in the nature of income or capital, and whether in money or otherwise, and whether realised or not) arising from any investment of money in the Residential Tenancies Trust Account shall belong to the Crown and be treated as departmental revenue.
7A: All money paid into the Residential Tenancies Trust Account as bond money belongs to the Crown and must be paid into a Crown Bank Account if the money—
a: is not claimed within 6 years of the end of the tenancy to which the bond relates; or
b: is to be refunded under an approval given by the chief executive, but has not been collected within 6 years of the date of that approval.
7B: Despite subsection (7A), during the first year after the commencement of this section, payment of money into a Crown Bank Account may be delayed to enable the chief executive to exercise the powers under section 22D
8: All money credited to Part A of the Residential Tenancies Fund immediately before the commencement of the Residential Tenancies Amendment Act 1992
9: All money credited to Part B of the Residential Tenancies Fund immediately before the commencement of the Residential Tenancies Amendment Act 1992 Section 127 replaced 18 August 1992 section 14 Residential Tenancies Amendment Act 1992 Section 127(4) amended 1 October 2010 section 82(1) Residential Tenancies Amendment Act 2010 Section 127(7A) inserted 1 October 2010 section 82(2) Residential Tenancies Amendment Act 2010 Section 127(7B) inserted 1 October 2010 section 82(2) Residential Tenancies Amendment Act 2010
128: Auditor-General to be auditor of Residential Tenancies Trust Account
1: The Residential Tenancies Trust Account is to be treated as a public entity as defined in section 4
2: Without limiting subsection (1), the chief executive may, after consultation with the Auditor-General, appoint a person or firm that is qualified for appointment as an auditor to be an additional auditor of the Residential Tenancies Trust Account. Section 128 replaced 1 July 2001 section 53 Public Audit Act 2001
129: Part B of the Fund
Section 129 repealed 18 August 1992 section 15 Residential Tenancies Amendment Act 1992
130: Corporation may make money available
Section 130 repealed 18 August 1992 section 15 Residential Tenancies Amendment Act 1992
131: Corporation may borrow
Section 131 repealed 18 August 1992 section 15 Residential Tenancies Amendment Act 1992
132: No execution
No money from time to time standing to the credit of the Residential Tenancies Trust Account shall be taken in or be subject to execution, whether by way of garnishee or otherwise, without the written consent of the chief executive. Section 132 replaced 18 August 1992 section 16 Residential Tenancies Amendment Act 1992
5: Miscellaneous provisions
133: Tribunal or
chief executive agreements
1: The Tribunal or the chief executive may, by notice in writing, require a landlord to inform the Tribunal or the chief executive of the provisions of any specified tenancy agreement or agreements, or of all tenancy agreements to which the landlord is a party, that—
a: are current; or
b: that terminated during the 12 months before the date on which the notice is given.
1A: A notice under subsection (1) may require the landlord to produce to the Tribunal or the chief executive, in the way specified in the notice, each tenancy agreement
a: inspect and make records of any document that is produced; and
b: take copies of the document or extracts from it.
2: Every person who, without reasonable excuse, fails to comply with a notice under subsection (1) on conviction $3,600 Section 133 heading amended 11 February 2021 section 71(1) Residential Tenancies Amendment Act 2020 Section 133 heading amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 133(1) replaced 11 February 2021 section 71(2) Residential Tenancies Amendment Act 2020 Section 133(1A) inserted 1 July 2016 section 41(1) Residential Tenancies Amendment Act 2016 Section 133(1A) amended 11 February 2021 section 71(3) Residential Tenancies Amendment Act 2020 Section 133(2) amended 11 February 2021 section 71(4) Residential Tenancies Amendment Act 2020 Section 133(2) amended 1 July 2016 section 41(2) Residential Tenancies Amendment Act 2016 Section 133(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
134: Waiver by landlord of breach by tenant
A waiver by the landlord of any breach by the tenant, or a failure by the landlord to enforce any obligation by the tenant, shall not,—
a: where the breach is of a continuing nature, prevent the landlord from enforcing the obligation in future; or
b: where the breach is not of a continuing nature, prevent the landlord from exercising any remedy in the event of a subsequent breach by the tenant;— but any such waiver or failure to enforce may be taken into consideration by the Tribunal if the landlord subsequently applies to the Tribunal for an order terminating the tenancy.
134A: Method of payment
Any amount that is, by virtue of any provision of this Act or of any order of the Tribunal, to be paid to the chief executive shall be paid by such method as may be prescribed by regulations made under section 140 Section 134A inserted 1 May 1996 section 49(1) Residential Tenancies Amendment Act 1996
135: Recovery of money paid by mistake
1: Subject to subsection (2), where one party to a tenancy agreement pays any amount to the other party under a mistake of law or fact relating to the agreement, that party may, upon application to the Tribunal, recover that amount from the other party.
2: In any case to which subsection (1) applies, the Tribunal may decline to order the repayment of the amount in question, in whole or in part, if the Tribunal is satisfied that the person who received the money did so in good faith, and has so altered his or her position in reliance on the validity of the payment that, in the opinion of the Tribunal, having regard to all possible implications in respect of other persons, it would be unfair to order the repayment of the whole or any part of that amount. Residential Tenancies Act 1978–1981 s 90 (SA)
136: Service of documents
1: Where any notice or other document is required or authorised by this Act to be given to or served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the following ways:
a: it may be given to or served on the landlord or the tenant personally:
b: it may be sent by post addressed to the landlord or the tenant at the address or the Post Office box given by the landlord or the tenant as an address for service in accordance with this Act:
ba: if the landlord is a company, it may be sent by post addressed to the landlord at the address of the landlord’s registered office:
c: it may be delivered to the premises to which any address for service relates, and either placed in the mailbox or attached to the door in a prominent position:
ca: if the landlord is a company, it may be delivered to the landlord’s registered office, and either placed in the mailbox or attached to the door in a prominent position:
d: it may be transmitted to the email address or facsimile number given by the landlord or the tenant as an address for service.
2: Without limiting the provisions of subsection (1), any notice or other document required or authorised by this Act to be given to or served upon any tenant may be served on a tenant:
a: at the premises to which the tenancy agreement relates, if the tenant resides at those premises, as follows:
i: by posting it addressed to the tenant at those premises; or
ii: by delivering it to those premises and either placing it in the mailbox or attaching it to the door of those premises in a prominent position; or
iii: by giving it to any person appearing to have attained the age of 16 years and to be residing at those premises; or
b: at any other place of residence of the tenant, by giving it to any person appearing to have attained the age of 16 years and to be residing at those premises and who confirms that the tenant resides at the premises; or
c: at the premises to which any address for service given by the tenant relates, by giving it to any person appearing to have attained the age of 16 years and to be residing at those premises; or
d: by giving it to the person who ordinarily pays the rent under the tenancy agreement; or
e: by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive the same.
2A: Section 91A
3: Without limiting the provisions of subsection (1), any notice or other document required or authorised by this Act to be given to or served upon any landlord
a: to any person appearing to have attained the age of 16 years and to be residing at the place of residence of the landlord; or
b: to the person (not being a bank or similar institution) who ordinarily receives the rent payable under the agreement; or
c: to any solicitor or other agent of the landlord duly authorised by the landlord to receive the same.
4: Where 2 or more persons are landlords or tenants under a residential tenancy agreement, it shall be sufficient compliance with a provision of this Act requiring or authorising a notice or other document to be given to or served upon the landlord or the tenant
5: A witness summons may be served on the witness—
a: personally; or
b: by sending it by post addressed to the witness at the witness's last-known place of residence or business.
6: Where any document is sent by post in accordance with any of the foregoing provisions of this section, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the fourth working day after the date on which it was posted; and, in proving service, it shall be sufficient to prove that the letter was properly addressed and posted.
7: Where any document is delivered to any address
7A: Section 56C section 56B(1) and (3)﻿(c) section 56B(1)﻿(a)
8: Where any document is transmitted by facsimile in accordance with this section after 5 pm on any day, it shall be deemed, in the absence of evidence to the contrary, to have been given or served on the next working day after the date on which it was transmitted; and, in proving service, it shall be sufficient to prove that the document was properly transmitted by facsimile machine to the person concerned.
9: Where any document is transmitted by email in accordance with this section after 5 pm on any day, it is to be treated, in the absence of evidence to the contrary, to have been given or served on the next working day after the date on which it was transmitted.
10: In proving service of a document transmitted by email, it is sufficient to prove that the email was—
a: properly addressed to the email address in question; and
b: properly transmitted with the document to that email address.
11: Nothing in this section applies to the service of infringement notices ( see section 126F Residential Tenancies Act 1978–1981 s 93 (SA) Section 136(1)﻿(b) replaced 1 October 2010 section 84(1) Residential Tenancies Amendment Act 2010 Section 136(1)﻿(ba) inserted 1 July 2016 section 42(1) Residential Tenancies Amendment Act 2016 Section 136(1)﻿(c) replaced 1 October 2010 section 84(1) Residential Tenancies Amendment Act 2010 Section 136(1)﻿(ca) inserted 1 July 2016 section 42(2) Residential Tenancies Amendment Act 2016 Section 136(1)﻿(d) replaced 1 October 2010 section 84(1) Residential Tenancies Amendment Act 2010 Section 136(2) replaced 1 May 1996 section 50(3) Residential Tenancies Amendment Act 1996 Section 136(2)﻿(c) replaced 1 October 2010 section 84(2) Residential Tenancies Amendment Act 2010 Section 136(2A) inserted 1 October 2010 section 84(3) Residential Tenancies Amendment Act 2010 Section 136(3) amended 1 May 1996 section 50(4) Residential Tenancies Amendment Act 1996 Section 136(4) amended 1 May 1996 section 50(5) Residential Tenancies Amendment Act 1996 Section 136(7) amended 1 May 1996 section 50(6) Residential Tenancies Amendment Act 1996 Section 136(7A) inserted 11 August 2021 section 72(1) Residential Tenancies Amendment Act 2020 Section 136(8) inserted 1 May 1996 section 50(7) Residential Tenancies Amendment Act 1996 Section 136(9) inserted 1 July 2016 section 42(3) Residential Tenancies Amendment Act 2016 Section 136(10) inserted 1 July 2016 section 42(3) Residential Tenancies Amendment Act 2016 Section 136(11) inserted 11 February 2021 section 72(2) Residential Tenancies Amendment Act 2020
136A: Calculation of periods
Where this Act requires notice to be given of any thing and prescribes a following period within which, or on the expiry of which, a thing is required or permitted to be done, or a change in the parties’ rights, obligations, interests, or status is to take effect, the period—
a: commences on the first day after the notice is given or deemed to be given under section 136
b: ends with the close of the last day of the period. Section 136A inserted 1 October 2010 section 85 Residential Tenancies Amendment Act 2010
137: Prohibited transactions
1: No person shall—
a: enter into any transaction, or make any contract or arrangement, purporting to do, whether presently or at some future time or upon the happening of any event or contingency, anything that contravenes or will contravene any of the provisions of this Act; or
b: enter into any transaction or make any contract or arrangement, whether orally or in writing, or do anything, for the purpose of or having the effect of, in any way, whether directly or indirectly, defeating, evading, or preventing the operation of any of the provisions of this Act.
2: Requiring any person to enter into any transaction, or to make any contract or arrangement, in contravention of subsection (1) is hereby declared to be an unlawful act.
3: Subject to subsection (4), any provision of any transaction, contract, or arrangement entered into in contravention of subsection (1) that would have the effect of, in any way, whether directly or indirectly, defeating, evading, or preventing the operation of any of the provisions of this Act shall be of no effect.
4: All money paid and the value of any other consideration for the tenancy provided by the tenant (not being rent lawfully recoverable by the landlord) or, where the transaction takes the form of an option to purchase the premises to which the transaction relates, by the person on whom the option to purchase is conferred, shall be recoverable as a debt due to the tenant or prospective purchaser by the landlord. Residential Tenancies Act 1978–1981 s 89(3) (SA)
137A: Only 1 penalty type for same conduct
1: If a type of penalty described in subsection (2)
2: The types of penalty are—
a: a fine, an infringement fee, or a term of imprisonment under this Act or any other Act:
b: an order to pay a pecuniary penalty under this Act:
c: an order to pay an amount in the nature of exemplary damages under this Act.
3: The imposition of a penalty described in subsection (2) Section 137A inserted 11 February 2021 section 73 Residential Tenancies Amendment Act 2020
138: Time for filing charging document
Despite anything to the contrary in section 25 Section 138 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
138A: Regulations in respect of smoke alarms
1: The Governor-General may, by Order in Council, make regulations imposing on landlords or tenants requirements in respect of smoke alarms for the purposes of section 40(1)﻿(ca) 45(1)﻿(ba) 66I(1)﻿(ba) 66K(1)﻿(ca)
2: Regulations under this section may do the following:
a: impose different requirements for different descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:
b: impose requirements on all landlords or tenants or requirements that apply only for particular descriptions of landlords or tenants, premises, areas in New Zealand, or other circumstances:
c: impose requirements that are subject to exceptions.
3: The requirements that may be imposed by regulations under this section include the following (for example):
a: requirements that smoke alarms be installed at premises:
b: requirements about the inspection, maintenance, or replacement of smoke alarms that are installed at premises:
c: requirements about the numbers, locations, condition, types, or technical specifications of smoke alarms that are installed at premises and requirements about methods of installation.
4: However, the requirements that may be imposed on tenants by regulations under this section are limited to requirements in respect of the replacement of worn-out batteries contained in smoke alarms.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 138A inserted 3 June 2016 section 43 Residential Tenancies Amendment Act 2016 Section 138A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
138B: Healthy homes standards
1: The Governor-General may, by Order in Council, make regulations that provide for, in accordance with this section, standards (the healthy homes standards section 45(1)﻿(bb) 66I(1)﻿(bb)
2: The healthy homes standards may include any of the following:
a: standards about the indoor temperatures that must be capable of being achieved in the premises:
b: standards about other outcomes (for example, levels of moisture or humidity) that must be capable of being achieved in the premises and that may be affected by any of the things referred to in paragraph (c)﻿(i) to (vii):
c: standards imposing requirements in relation to any of the following:
i: heating:
ii: insulation:
iii: ventilation:
iv: moisture ingress:
v: draught stopping:
vi: drainage:
vii: any material or other thing relating to a thing referred to in subparagraphs (i) to (vi).
3: The requirements that may be imposed by standards under subsection (2)﻿(c) include the following (for example):
a: requirements that things be installed or provided at the premises:
b: requirements about the inspection, maintenance, or replacement of things that are installed or provided at the premises:
c: requirements about the quantities, locations, condition, types, or technical specifications of things that are installed or provided at the premises and requirements about methods of installing or providing things at the premises.
4: Regulations under subsection (1) may—
a: specify methods for determining whether standards have been complied with (including any assumptions that may be made for the purpose):
b: include exceptions to standards.
5: The Governor-General may, by Order in Council, make regulations—
a: prescribing information relating to the healthy homes standards that must be included in a landlord’s statement for the purposes of section 13A(1CA)﻿(b) or (1CB)﻿(b)
b: prescribing the records or other documents that must be retained by a landlord for the purposes of section 123A(1)﻿(ca)
6: Regulations under this section may—
a: make different provisions for different descriptions of landlords, premises, areas in New Zealand, or other circumstances:
b: make provisions applying to all landlords or provisions that apply only to particular descriptions of landlords, premises, areas in New Zealand, or other circumstances.
7: In this section, premises
8: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 138B replaced 1 July 2019 section 6 Healthy Homes Guarantee Act 2017 Section 138B(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
138C: Regulations in respect of contaminants and contaminated premises
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing substances, or classes of substances, as contaminants for the purposes of this Act.
2: Before making a recommendation for the purposes of subsection (1), the Minister must be satisfied that the substance may be harmful to the health of persons.
3: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing maximum acceptable levels, or a means of calculating maximum acceptable levels, of contaminants for premises for the purposes of the definition of contaminated:
b: prescribing maximum inhabitable levels of contaminants for premises for the purpose of section 59B
c: imposing on landlords requirements in respect of contaminants for the purposes of section 45(1)﻿(bd) 66I(1)﻿(bc)
d: prescribing methods for carrying out tests for the presence of contaminants in premises (including for testing premises, taking samples for testing, testing of samples, establishing levels of contaminants present in premises, and who is authorised to carry out the tests or parts of the tests):
e: prescribing decontamination processes (which may extend to pre-decontamination and post-decontamination assessment, sampling, and testing, and may include who is authorised to carry out processes or parts of processes):
f: prescribing, for the purposes of section 45(1AAB)﻿(b) 66I(1B)﻿(b)
g: prescribing processes and duties for the purposes of section 62(3A)
4: Regulations under this section may make different provision for different cases on any differential basis, including—
a: contaminants or classes of contaminants:
b: spaces, materials, or other aspects of premises or goods, or for different descriptions of premises or goods:
c: levels of contamination:
d: without limiting paragraph (b), ways in which premises or goods, or spaces or materials or other aspects (for example, surfaces) of premises or goods, may have or may become contaminated.
5: The requirements that may be imposed by regulations under subsection (3)﻿(c) include the following (for example):
a: requirements to test premises for the presence of contaminants in certain circumstances:
b: requirements to use the methods prescribed, or parts of those prescribed methods, for carrying out tests or parts of tests for the presence of contaminants in premises, in all or in certain circumstances:
c: requirements to use prescribed decontamination processes if decontaminating premises.
6: Requirements under subsection (5)﻿(a) may apply to, or may be different for, different stages of tenancies (for example, at the commencement of or during a tenancy).
7: Regulations under this section, including requirements imposed by regulations under this section, may be subject to exceptions.
8: Regulations under subsection (3)﻿(g) may—
a: require compliance with, or otherwise incorporate, sections 62(3) 62A to 62D
i: in whole or in part; and
ii: with modifications, additions, or variations specified in the regulations; and
b: without limiting the generality of the above, permit the landlord to decontaminate abandoned goods and deduct from the proceeds of sale the costs of decontaminating the goods that were reasonably incurred by the landlord.
9: In this section, premises
10: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 138C replaced 31 July 2019 section 47 Residential Tenancies Amendment Act 2019 Section 138C(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
138D: Powers to make regulations under sections 138A to 138C not limited by other enactments, etc
1: To avoid doubt, nothing in the Building Act 2004 section 138A 138B 138C
2: Regulations under section 138B(1) section 120C Section 138D inserted 31 July 2019 section 47 Residential Tenancies Amendment Act 2019
138E: Regulations relating to termination of tenancy for physical assault by tenant
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing all or any of the following matters:
a: information to be included in a notice under section 55AA(3)﻿(a)
b: persons, or classes of persons, whose declarations are qualifying evidence for the purposes of section 55AA(6)
c: types of qualifying evidence for the purposes of section 55AA(6)
2: The Minister must consult the Minister of Justice before recommending the making of regulations under this section.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 138E inserted 12 August 2020 section 74 Residential Tenancies Amendment Act 2020 Section 138E(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
138F: Regulations relating to withdrawal from tenancy following family violence
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing all or any of the following matters:
a: information to be included in a notice under section 56B(1)﻿(b)
b: persons, or classes of persons, whose declarations are qualifying evidence for the purposes of section 56B(8)
c: types of qualifying evidence under section 56B(8)
d: PACHMA tenancies, or classes of PACHMA tenancies, in relation to which rent is not to be reduced under section 56B(3)﻿(d) and (5)
e: other tenancies, or other classes of tenancies, in relation to which rent is not to be reduced under section 56B(3)﻿(d) and (5)
f: landlords, or classes of landlords, in relation to whose tenancies rent is not to be reduced under section 56B(3)﻿(d) and (5)
g: types of permitted disclosure, or circumstances in which disclosure is permitted, under section 56E
2: The Minister must consult the Minister of Justice before recommending the making of regulations under this section.
3: The Minister must not recommend the making of regulations under subsection (1)﻿(e) unless satisfied that, following any withdrawal under section 56B
a: the landlords of those tenancies will reduce the rent for which any remaining tenants under that section are liable; and
b: the reduction will be the same or substantially the same as, or greater than, the reduction that would otherwise have applied under section 56B(3)﻿(d) and (5)
4: The Minister must not recommend the making of regulations under subsection (1)﻿(f) unless satisfied that, following any withdrawal under section 56B
a: those landlords, or classes of landlords, will reduce the rent for which any remaining tenants under that section are liable; and
b: the reduction will be the same or substantially the same as, or greater than, the reduction that would otherwise have applied under section 56B(3)﻿(d) and (5)
5: Regulations under this section may make different provision for different classes of persons, premises, or tenancies.
6: In this section, PACHMA tenancy section 56B(8)
7: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 138F inserted 12 August 2020 section 74 Residential Tenancies Amendment Act 2020 Section 138F(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
139: Regulations relating to accommodation brokers
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the registering, licensing, or approval of accommodation brokers, including the qualifications required of, and the conditions to be met by, persons intending to set up business as accommodation brokers, and for the disciplining of accommodation brokers who are so registered, licensed, or approved:
b: requiring persons carrying on or intending to carry on business as accommodation brokers to provide bonds to secure the proper conduct of their businesses:
c: conferring on the Tribunal jurisdiction in respect of all or any of the matters referred to in paragraphs (a) and (b):
d: regulating the conduct of business by accommodation brokers, including advertising carried on in the course of, or in relation to, such business:
e: conferring on the chief executive chief executive section 124
f: prescribing fees payable in respect of any matters under any regulations made under this section:
g: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $5,000, and, where the offence is a continuing one, a further amount not exceeding $500 for every day or part of a day during which the offence has continued.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 139(1)﻿(e) amended 18 August 1992 section 19 Residential Tenancies Amendment Act 1992 Section 139(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
139A: Regulations relating to infringement offences
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: specifying offences in this Act that are infringement offences, and prescribing infringement fees not exceeding $500 for those offences:
b: specifying offences in regulations made under this Act that are infringement offences, and prescribing infringement fees not exceeding $500 for those offences.
2: Before making a recommendation for the purposes of subsection (1), the Minister must consult the Minister of Justice in relation to the proposed regulations.
3: Regulations under this section that prescribe infringement fees may prescribe different infringement fees to apply in respect of different classes of persons.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 139A inserted 12 August 2020 section 75 Residential Tenancies Amendment Act 2020 Section 139A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140: Regulations relating to other matters
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms to be used for any purposes under this Act:
b: prescribing fees to be paid in respect of any matter under this Act, and specifying the circumstances in which any such fee may be waived or remitted in whole or in part:
c: requiring the provision of specified information by the landlord to the tenant at the commencement of a tenancy agreement:
d: providing for the payment of bonds by instalments; and providing for a landlord to be indemnified or protected in some other way from any loss arising out of the failure by the tenant to pay all the required instalments:
da: prescribing the method by which payments are to be made to the chief executive:
e: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $1,000
eaa: prescribing persons or classes of persons for the purposes of section 5(1)﻿(y)﻿(ii)
ea: prescribing specified databases for the purposes of section 112C(2)
f: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Regulations under this section that prescribe the circumstances in which a fee may be waived or remitted in whole or in part may specify, as circumstances in which fees payable by landlords and tenants may be waived or remitted in whole or in part,—
a: the fact that a bond of not less than a prescribed number of weeks' rent has been paid in accordance with section 19 section 21
b: the fact that an address for service has been notified under section 15 section 16
3: Nothing in subsection (2)﻿(a) limits or affects section 18(1)
4: Regulations under this section are secondary legislation ( see Part 3 Residential Tenancies Act 1978–1981 s 95 (SA) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140(1)﻿(da) inserted 1 May 1996 section 49(2) Residential Tenancies Amendment Act 1996 Section 140(1)﻿(e) amended 12 August 2020 section 76(1) Residential Tenancies Amendment Act 2020 Section 140(1)﻿(eaa) inserted 12 August 2020 section 76(2) Residential Tenancies Amendment Act 2020 Section 140(1)﻿(ea) inserted 1 October 2010 section 86 Residential Tenancies Amendment Act 2010 Section 140(2) inserted 18 August 1992 section 17 Residential Tenancies Amendment Act 1992 Section 140(3) inserted 18 August 1992 section 17 Residential Tenancies Amendment Act 1992 Section 140(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
141: Schedule 1 may be amended by Order in Council
Section 141 repealed 1 October 2010 section 87 Residential Tenancies Amendment Act 2010
142: Non-application of Part 4
1: Nothing in Part 4
2: Section 142 replaced 1 January 2008 section 364(1) Property Law Act 2007 Section 142 heading amended 27 August 2019 section 22(1) Residential Tenancies Amendment Act 2019 Section 142(2) repealed 27 August 2019 section 22(2) Residential Tenancies Amendment Act 2019
143: Housing Corporation Act 1974 amended
Section 143 repealed 18 August 1992 section 18 Residential Tenancies Amendment Act 1992
144: Repeals, revocations, and amendments
1: The enactments specified in Schedule 2
2: The regulations specified in Schedule 3
3: The enactments specified in Schedule 4
145: Provisions relating to
2023-01-01 Residential Tenancies Act 1986 See section 145(2) — section 145 and Schedule 5 repealed on repeal of COVID-19 Public Health Response Act 2020 (on 28 June 2022 Parliament agreed to motion that relevant period under section 3(2)﻿(b) of that Act is the period ending on 31 December 2022. (so 1 January 2023 is expiry of relevant period). https://www.parliament.nz/en/pb/hansard-debates/rhr/combined/HansDeb_20220628_20220628_36). Section 145 repealed 26 November 2022 section 31 COVID-19 Public Health Response (Extension of Act and Reduction of Powers) Amendment Act 2022