OLIVIA COWDY / Manager, Property Management

The Residential Tenancies Act 1986 (RTA) outlines the rights and responsibilities of landlords and tenants of residential properties. The Residential Tenancies Amendment Act 2024 (RTAA 2024) became law on 17 December 2024, introducing significant changes to tenancy terminations, retaliatory notices, smoking provisions, and pet policies. These changes aim to improve the balance between landlord and tenant rights, addressing the evolving needs of New Zealand’s rental market. Below is an overview of the key updates, along with their compliance dates.

Tenancy Terminations

The RTAA 2024 introduces notable updates to the rules for ending tenancies, effective from 30 January 2025. These changes impact both periodic and fixed-term agreements.

Periodic Tenancies

  • Landlords can terminate periodic tenancies by giving at least 90 days’ notice without providing a reason.
  • Landlords can end a periodic tenancy on specific grounds, such as under an unconditional sale and purchase agreement requiring vacant possession, with at least 42 days’ notice (reduced from 90 days).
  • Tenants must now provide a minimum of 21 days’ notice to end a periodic tenancy (reduced from 28 days).

Fixed-Term Tenancies

  • Fixed-Term Tenancies automatically become periodic unless:
    • Either party gives notice to terminate the tenancy, or
    • They agree on an alternative, such as an extension, at least 90 days before the tenancy ends.
  • Both landlords and tenants can give notice to end a fixed-term tenancy between 90 and 21 days before the term ends without providing a reason.
  • Tenants must give at least 21 days’ notice to renew or extend a fixed-term tenancy.
  • For fixed-term tenancies starting on or after 11 February 2021 and expiring on or before 30 April 2025, the old rules apply. For those expiring on or after 1 May 2025, the new law will apply. For example, if the landlord does not want a Fixed-Term Tenancy to automatically become a periodic tenancy and it expires on:
    • 30 April 2025 – the landlord must give a reason for ending the tenancy and serve the appropriate notice in accordance with that reason. The new rule will then apply if the tenancy is extended, renewed, or becomes periodic.
    • 1 May 2025 – the landlord does not need to give a reason for ending the tenancy but must provide the correct notice under the new law.
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Notices Issued Before 30 January 2025.

  • Termination notices issued before this date remain valid under the previous law and cannot be replaced with a new notice.

Retaliatory Termination Notices

Starting 30 January 2025, stricter measures will protect tenants against unlawful terminations.

  • If a landlord terminates a tenancy in retaliation for a tenant exercising their rights, like requesting maintenance, the tenant can apply to the Tenancy Tribunal within 12 months to have the termination deemed retaliatory and unlawful.
  • This provision also applies if a landlord’s termination notice is a response to legal action taken by any person or organisation against them, such as the Tenancy Services’ Compliance and Investigations Team.
  • The tenant can apply to the Tenancy Tribunal to have the notice cancelled within 28 days of it being issued.

Smoking Restrictions

From 20 March 2025, landlords can enforce smoking bans within rental premises.

  • Landlords can prohibit tenants from smoking inside rented premises.
  • To extend the ban to other parts of the property (e.g. outbuildings), landlords must ensure the restriction aligns with the parties’ other rights and responsibilities outlined in the RTA e.g. their right to quiet enjoyment.

Pet Provisions

Changes to pet ownership in rental properties will only take effect on a date set by Order in Council (expected in early 2025) and cannot be enforced before then.

  • Tenants are fully responsible for pet-related damage exceeding fair wear and tear.
  • Tenants can only keep pets in their rental property if their tenancy agreement permits it, or with the landlord’s written consent.
  • Landlords may only refuse permission for a pet on reasonable grounds and must provide the reason.
  • Reasonable grounds may include:
    • the property is not suitable for pets,
    • a rule or bylaw prohibits pets,
    • the tenant has not complied with relevant bylaws relating to pets,
    • the pet is not suitable for the property (e.g. size or breed, likelihood for causing damage, the dog is classified as dangerous or menacing under the Dog Control Act 1996 or there is reason to believe the pet has attacked people, livestock or other pets),
    • the tenant does not agree to, or has previously failed to comply with, a reasonable condition in the tenancy agreement relating to pets.
  • Landlords can require a “pet bond” of up to two weeks’ rent in addition to the standard bond of up to four weeks’ rent.

Exceptions: Landlords cannot charge a pet bond or refuse permission for disability assist dogs.

For further guidance and detailed compliance timelines, visit the Ministry of Business, Innovation and Employment’s Tenancy Services website. Their resources include a Summary of Changes booklet and the full RTAA 2024 text to help landlords and tenants navigate these updates effectively.

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