Residential Tenancies Act 1986

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 or 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) or under section 30 (relating to rent and bond records).

(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 and building work have the same meanings as in section 7 of the Building Act 2004

gasfitting has the same meaning as in section 5 of the Plumbers, Gasfitters, and Drainlayers Act 2006

prescribed electrical work has the same meaning as in section 2(1) of the Electricity Act 1992

professional tradesperson means a person whose occupation includes carrying out building work, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work

sanitary plumbing has the same meaning as in section 6 of the Plumbers, Gasfitters, and Drainlayers Act 2006.

Section 123A: inserted, on 1 July 2016, by section 39 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 123A(1): replaced, on 11 February 2021, by section 65(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 123A(1)(ca): inserted, on 1 July 2019, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 123A(2): amended, on 11 February 2021, by section 65(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 123A(4): replaced, on 11 February 2021, by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 123A(5): inserted, on 11 February 2021, by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 123A(6): inserted, on 11 February 2021, by section 65(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).