Government Bill
36—3
As reported from the committee of the whole House
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Hon Phil Twyford
The Parliament of New Zealand enacts as follows:
This Act is the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018.
This Act comes into force on 12 December 2018.
This Act amends the Residential Tenancies Act 1986 (the principal Act).
In section 2(1), insert in its appropriate alphabetical order:
letting fee—
means any fee or charge (however described) in respect of services rendered by the letting agent or any other person that relate to—
the grant, continuance, extension, variation, or renewal of any tenancy agreement; or
the assignment of a tenant’s interest under any tenancy agreement; or
the subletting of the whole or any part of the premises by a tenant; but
does not include any expenses recoverable under section 44(5)
Repeal section 13A(1)(m).
Repeal section 17(4)(c).
After section 17, insert:
(1)
No letting agent or other person may require a tenant to pay a letting fee.
(2)
Nothing in subsection (1) limits or affects section 44(5) (which entitles a landlord to recover reasonable expenses on consenting to the tenant’s assigning, subletting, or parting with possession of the premises).
(3)
Any requirement to pay a letting fee in contravention of subsection (1) is an unlawful act.
After section 77(7), insert:
(7A)
The Tribunal does not have jurisdiction to consent to a person charging a tenant a letting fee.
In Schedule 1AA, after Part 3, insert the Part 4 add the Part set out in the Schedule of this Act.
In Schedule 1A, after the item relating to section 17, insert:
s 9
Section 17A does not apply to—
any fee or charge paid or payable before the date of commencement of that section; or
any tenancy agreement entered into before that date (whether the tenancy agreement took effect before or takes effect on or after that date); or
any assignment or subletting if the landlord consented to the assignment or subletting before that date (whether the assignment or subletting took effect before or takes effect on or after that date); or
any amount that is charged in relation to a subletting, if the Tribunal consented to the charge before that date.
22 March 2018
Introduction (Bill 36–1)
5 April 2018
First reading and referral to Social Services and Community Committee
3 October 2018
Reported from Social Services and Community Committee (Bill 36–2)
25 October 2018
Second reading
30 October 2018
Committee of the whole House (Bill 36–3)