Residential Tenancies Amendment Act 2010

13 New sections 16A and 16B inserted
  • The following sections are inserted after section 16:

    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.

      (5) An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.

      (6) A contravention of any of subsections (1) to (4) is declared to be an unlawful act.

    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 that affect a tenant of premises to which this section applies are taken to be terms of the tenancy agreement.

      (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.