The Residential Tenancies Act 1986 defines the rights and responsibilities of landlords and tenants of residential properties.

On 1 October 2010 the Residential Tenancies (Amendment) Act made some important changes to the law including updating and clarifying the rights and responsibilities of landlords and tenants and extending the Act’s coverage to include boarding house landlords and tenants.

The key changes made are as follows:

• Fines for landlords who fail to complete required maintenance and provide substandard housing, have gone up to $3,000.00;
• The monetary jurisdiction of the Tenancy Tribunal has increased from $12,000.00 to $50,000.00;
• All landlords must now appoint an agent if they intend to be out of New Zealand for more than 21 consecutive days.  Tenants must be notified of the agent’s details.
• The maximum fine for tenants harassing neighbours has increased to $2,000.00.  Tenants exceeding the number of residents on the property can be fined $1,000.00;
• Tenants abandoning property, failing to vacate property or using the
  property for unlawful purposes are now committing unlawful acts and may be fined up to $1,000.00;
• Landlords and tenants can now pass on reasonable debt collection costs and Tenancy Tribunal application fees;
• If a landlord is left with tenants goods, they can now dispose of those goods, if they have a market assessment confirming the value of the goods is less than the cost to transport, store and sell them;
• Fixed term and trial tenancies must be for a minimum of 90 days;
• Previously ten working days was the minimum requirement of notice for any breaches of a Tenancy Agreement.  This has now been changed to 14 days;
• New forms - A new Tenancy Agreement and new bonds forms are now
  available from the Department of Building and Housing.  See their website.

The changes are intended to make for greater clarification and balance between landlords and tenants right and obligations.

Linda Miles