Residential Tenancies Act 1986

not the latest version

Search within this Act

Reprint as at 7 August 2020

Residential Tenancies Act 1986

Public Act		1986 No 120
Date of assent		17 December 1986
Commencement		see section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Housing and Urban Development.

	Title
1	Short Title and commencement
2	Interpretation
2A	Transitional, savings, and related provisions
	Part 1 Application of Act
3	Act to bind the Crown
4	Act generally to apply to all residential tenancies
5	Act excluded in certain cases
5A	Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
5B	Exempt student accommodation
6	Long fixed-term tenancies [Repealed]
7	Short fixed-term tenancies
8	Parties to excluded tenancies may agree that Act shall apply
9	Existing tenancies
10	Onus of proof
11	Act generally to apply despite contrary provisions
	Part 2 Tenancy agreements
	Preliminary matters
12	Discrimination to be unlawful act
12A	Choice of procedures
13	Form of tenancy agreement
13A	Contents of tenancy agreement
13AB	Address for service
13B	Variations and renewals of tenancy agreements
13C	Tenancy agreements not unenforceable on grounds not in writing
13D	Exceptions to requirements relating to tenancy agreements
14	Minors
15	Notification of successor to landlord or tenant
16	Change of name or address
16A	Landlord must have agent if out of New Zealand for longer than 21 consecutive days
16B	Body corporate rules part of tenancy agreement
	Key money, bonds, and rents
17	Requiring key money prohibited
17A	Requiring letting fee prohibited
18	Bonds to be no more than 4 weeks’ rent
18A	Landlord must not require security other than permitted bond
19	Duties of landlord on receipt of bond
20	Duties of chief executive in relation to bonds
21	Tenant may pay bond direct to chief executive with landlord’s consent
21A	Notification of changes of address to chief executive
22	Agreed applications to chief executive for payment of bond
22A	Applications to chief executive for payment of bond without agreement of other party
22B	Applications to, and orders by, Tribunal
22C	Payments of bond to be made out of Residential Tenancies Trust Account
22D	Chief executive may take steps to refund bonds
22E	MSD may disclose address information for bond refund purposes
23	Rent in advance
24	Rent increases
24A	Expiry of temporary rent reduction
25	Market rent
26	Duration of order determining market rent
27	Rent in excess of market rent irrecoverable
28	Increase of rent by agreement or order in case of substantial improvements, improved facilities, or variation of terms
28A	Increase of rent by order in case of unforeseen expenses
28B	Effect of rent increases under section 28 or 28A
29	Receipts for rent
30	Landlord to keep records
31	Apportionment of rent
32	Accelerated rent or damages prohibited
33	Tenant’s goods not to be seized
34	Transitional provision relating to bonds [Repealed]
35	Transitional provisions relating to fair rents and equitable rents [Repealed]
	Rights and obligations of parties
36	Legal impediments to occupation
37	Vacant possession
38	Quiet enjoyment
39	Responsibility for outgoings
40	Tenant’s responsibilities
41	Tenant’s responsibility for actions of others
42	Tenant’s fixtures
43	Disposition of landlord’s interest
44	Assignment, subletting, or parting with possession by tenant
45	Landlord’s responsibilities
46	Locks
47	Landlord to give notice to tenant of intention to sell
48	Landlord’s right of entry
49	Mitigation of damage or loss
	Responsibility for damage
49A	General principle
49B	When tenant liable
49C	Landlord, not insurer, to benefit from tenant liability for careless damage
49D	Unlawful acts related to liability
49E	Meaning of premises
	Termination of tenancies and recovery of possession
50	Circumstances in which tenancies are terminated
50A	Termination following death of sole tenant
51	Termination by notice
52	Provision for shorter notice may be made with consent of Tribunal
53	Special provisions for notice terminating service tenancies
53A	Special provisions for notice terminating certain student tenancies
54	Tribunal may declare retaliatory notice of no effect
55	Termination on non-payment of rent, damage, or assault
56	Termination for non-payment of rent and other breaches
56A	Termination where premises are unlawful residential premises
57	Effect on subtenancy of termination of head tenancy
58	Mortgagee or other person becoming entitled to possession
59	Destruction of premises
59A	Termination where breach renders premises uninhabitable
60	Tenant remaining in possession after termination of tenancy
60A	Fixed-term tenancy becomes periodic unless contrary notice given
60B	Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry
60C	Notices and orders continue to apply to renewed or extended tenancies
61	Abandonment of premises
62	Goods left on premises on termination of tenancy
62A	Disposal of abandoned goods following assessment of market value
62B	Disposal of abandoned goods in accordance with Tribunal order
62C	Application of proceeds of sale and recovery of amount owing
62D	Tenant may claim proceeds of sale
62E	Responsibility of tenant unaffected
62F	Protection from liability
63	Entry without order of Tribunal prohibited
64	Possession orders
65	Eviction of squatters
66	Reduction or termination of fixed-term tenancy
	Part 2A Boarding house tenancies
	Application
66A	Application of Part
66B	Interpretation for this Part
	Boarding house tenancy agreements
66C	Content of boarding house tenancy agreements
66D	Bond of 1 week’s rent or less
66E	Outgoings
66F	Tenancy not assignable by tenant
	Rights and obligations of landlords and tenants
66G	Quiet enjoyment
66H	Landlord’s obligations at start of tenancy
66I	Landlord’s ongoing obligations
66J	Other obligations of landlord
66K	Obligations of tenant
66L	Tenant’s liability for damage caused by others
66M	Tenant’s obligations at end of tenancy
66N	Mitigation of damage or loss
	House rules
66O	Landlord may make house rules
66P	What tenant may do if he or she objects to house rules
	Landlord’s right of entry
66Q	Landlord has right to enter premises at any time
66R	Landlord’s right to enter boarding room is limited
66S	Notice of entry
66T	Consequence of abuse, or refusal, of right of entry
	Termination
66U	Termination of tenancy by landlord
66V	When tenant may terminate tenancy
66W	Termination of tenancy on death of sole tenant
	Abandonment
66X	Abandonment by tenant
66Y	Possession orders
	Part 3 The Tenancy Tribunal
	Constitution and administration
67	Constitution of Tribunal
67A	Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator
68	Term of office of Tenancy Adjudicators
69	Remuneration of Tenancy Adjudicators
70	Tenancy Adjudicators to be protected
71	Conduct of Tribunal and stationing of Tenancy Adjudicators
71A	Delegation by Principal Tenancy Adjudicator
72	Registrars
73	Seal of Tribunal
74	Records of Tribunal
75	Offices and Tenancy Officers [Repealed]
76	Tenancy Mediators
	Jurisdiction
77	Jurisdiction of Tribunal
78	Orders of Tribunal
78A	Orders of Tribunal relating to unlawful residential premises
79	Jurisdiction to make interim orders
80	Orders of Tribunal to be final
81	Exclusion of Tribunal’s jurisdiction prohibited
82	Exclusion of other jurisdictions
83	Transfer of proceedings to District Court
83A	Referral of complaints to Health and Disability Commissioner
84	Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
85	Manner in which jurisdiction is to be exercised
	Procedure
86	Filing of applications
87	Duties of chief executive on receipt of application
88	Functions of Tenancy Mediators
89	Statements made in mediation to be subject to privilege
90	Tenancy Mediator to observe confidentiality
91	Notice of hearing by Tribunal
91AA	Process for determining abandonment applications within 10 working days without hearing
91A	Service on tenants following application
91B	Substituted service, etc
92	Non-attendance at hearing after due notice
92A	Tribunal may strike out proceeding
93	Right of audience
94	Minors and persons under disability
95	Proceedings usually to be in public
96	Further provisions relating to procedure generally
97	Evidence
98	Witness summons
98A	Other witness expenses
99	Tribunal may require inquiry and report by Tenancy Mediator or suitable person
100	Tenancy Mediator or Tribunal may require valuer’s report in certain proceedings
101	Protection of persons appearing, etc
102	Costs
103	Reference of questions of law to High Court
104	Decision of Tribunal
105	Rehearings
	Enforcement and offences
106	Enforcement of possession orders
107	Enforcement of orders other than possession orders and work orders
108	Enforcement of work orders
109	Unlawful acts
109A	Tribunal may restrain further commissions of unlawful acts
110	Failing to answer witness summons
111	Giving false evidence
111A	Offence of breaching suppression order
112	Contempt
	Contact information for enforcement purposes
112A	Interpretation
112B	Application for contact information
112C	Application referred to specified agency
112D	Response to applicant
112E	Specified information sent to District Court
112F	Non-disclosure of contact information
	Miscellaneous provisions
113	Chief executive to provide assistance
114	Powers of entry of Tenancy Mediators
115	Principal Tenancy Adjudicator may issue practice directions
115A	Online publication of information about procedures, time frames, and progress of decisions
115B	Online publication of final written decisions
116	Rules of procedure
	Appeals
117	Appeal to District Court
118	Powers of District Court Judge on appeal
119	Appeal on questions of law to High Court
120	Further appeal to Court of Appeal
	Part 4 Administration
	Functions and powers of chief executive
121	Chief executive responsible for administration of Act
122	Director-General may delegate powers [Repealed]
123	General functions and powers of chief executive
123A	Documents to be retained by landlord and produced to chief executive if required
123B	Documents to be produced by tenant to chief executive if required
123C	Chief executive’s powers in relation to produced documents
123CA	Programmes of inspections to monitor and assess compliance with healthy homes standards
123D	Power of entry to inspect premises
123E	Tribunal may authorise inspection
124	Chief executive may take or defend proceedings on behalf of any party
124A	Chief executive may take proceedings as if tenant
124B	Supplementary provision to section 124A
125	Immunities
126	Annual report
	Residential Tenancies Trust Account
127	Residential Tenancies Trust Account
128	Auditor-General to be auditor of Residential Tenancies Trust Account
129	Part B of the Fund [Repealed]
130	Corporation may make money available [Repealed]
131	Corporation may borrow [Repealed]
132	No execution
	Part 5 Miscellaneous provisions
133	Tribunal or chief executive may require terms of tenancy agreement
134	Waiver by landlord of breach by tenant
134A	Method of payment
135	Recovery of money paid by mistake
136	Service of documents
136A	Calculation of periods
137	Prohibited transactions
138	Time for filing charging document
138A	Regulations in respect of smoke alarms
138B	Healthy homes standards
138C	Regulations in respect of contaminants and contaminated premises
138D	Powers to make regulations under sections 138A to 138C not limited by other enactments, etc
139	Regulations relating to accommodation brokers
140	Regulations relating to other matters
141	Schedule 1 may be amended by Order in Council [Repealed]
142	Non-application of Part 4 of Property Law Act 2007
143	Housing Corporation Act 1974 amended [Repealed]
144	Repeals, revocations, and amendments
145	Provisions relating to outbreak of COVID-19
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Clauses for rent increases in fixed-term tenancy agreements
	Schedule 1A Amounts for unlawful acts
	Schedule 2 Enactments repealed
	Schedule 3 Regulations revoked
	Schedule 4 Enactments amended
	Schedule 5 Provisions relating to outbreak of COVID-19
	Residential Tenancies Amendment Act 1996
	Residential Tenancies Amendment Act 2010
	Reprint notes

An Act to reform and restate the law relating to residential tenancies, to define the rights and obligations of landlords and tenants of residential properties, to establish a tribunal to determine expeditiously disputes arising between such landlords and tenants, to establish a fund in which bonds payable by such tenants are to be held, and to repeal the Tenancy Act 1955 and the Rent Appeal Act 1973 and their amendments

New Zealand Legislation

List of access keys

Quick search

My recent searches

Residential Tenancies Act 1986

Residential Tenancies Act 1986

Note

Contents