From 11 February 2021, the Residential Tenancies Amendment Act 2020 brought in some major changes to tenancy rules, including new notice periods. Here are the key things tenants and landlords need to know.
Of course, if you have any questions, please don’t hesitate to contact the NZ Tenancy Services.
- New notice periods
‘No cause terminations’ are out the window. The new rules prohibit landlords from terminating a periodic tenancy without cause, and the required notice periods have changed too. Now, landlords must have a cause to evict tenants; for example, the owners need the property back as their primary home, and would need to give 63 days’ notice. Termination can also be done if the property is to be sold, or needs work on, with 90 days’ notice.
For tenants, the notice period for a periodic tenancy has now gone up to 28 days.
- Tenants can make ‘minor’ changes to property
Until now, landlords could deny a tenant’s request to make some changes to the property. The new rules allow the tenants a bit more freedom – they can now put up some art or redecorate a little, and the landlord cannot object anymore – unless something could cause permanent damage to the property.
- The Tenancy Tribunal
A suppression order can now remove names and identifying details from published Tenancy Tribunal decisions, which might be a step towards protecting people from unofficial blacklisting.
A major point of change is that if you, as a tenant, have applied to the Tribunal and have been successful in your case, then your name and all identifying details would be automatically removed from the decision.
- Rental bidding is in the past
Under the new rules, properties must be advertised with a listed rental price and cannot be subject to bidding. Landlords can neither propose a bidding war between tenants, nor support one. However, if they do get an offer higher than what they asked for, they may accept it.
- Fixed-term tenancies
All fixed-term tenancies will now become periodic after the expiration date, if all parties agree. The notice periods for both parties would be in line with the new rules (as we said above).
While these are the key changes, there are many more that might be worth looking at. A complete list of all changes can be found here, and you can also have a deep read of the Residential Tenancies Amendment Act 2020 if you need more details.
Disclaimer: Please note that the content provided in this article is intended as an overview and as general information only. While care is taken to ensure accuracy and reliability, the information provided is subject to continuous change and may not reflect current development or address your situation. Before making any decisions based on the information provided in this article, please use your discretion and seek independent guidance.