residential tenancies act 1986
📖 What is residential tenancies act 1986? Meaning and definition
The Residential Tenancies Act 1986 (the Act) is the primary legislation in New Zealand that deals with residential tenancies. It sets out the legal framework for renting properties, covering aspects such as rent payments, tenancy termination, and bond management. For example, the Act specifies conditions under which a tenancy can be terminated, such as when rent is at least 21 days in arrears, as seen in one case where a tenancy was terminated for this reason.
The Act also addresses unlawful acts by landlords, such as failing to lodge a tenant's bond with the Tenancy Services, which is considered an unlawful act. During specific periods, like the COVID-19 pandemic, the Act was amended to include temporary provisions, such as restrictions on rent increases and tenancy terminations, making it an unlawful act for landlords to increase rent during that time.
Furthermore, the Act holds tenants responsible for the actions of people they allow onto the premises. If an occupant causes substantial damage or threatens the landlord, the Act provides grounds for tenancy termination. The Tenancy Tribunal uses the Act to make decisions, and parties can apply for rehearings or appeals if they believe a substantial wrong or miscarriage of justice has occurred.
📋 Requirements
- Rent must be at least 21 days in arrears for termination under section 55(1)(a).
- A landlord commits an unlawful act if they hold a tenant's bond and do not lodge it with the appropriate authority.
- A tenancy can be terminated if someone allowed on the premises by the tenant causes substantial damage or threatens the landlord or further damage, under section 55(1)(b) and (c).
- During specific periods, like the COVID-19 rent freeze, landlords were prohibited from increasing rent, and doing so was an unlawful act.
📝 Procedure
- A landlord applies to the Tenancy Tribunal for termination of the tenancy and other claims, such as rent arrears or bond refund.
- The landlord provides evidence, such as rent records, to prove claims like the amount of rent owing.
- The Tenancy Tribunal adjudicator considers the evidence and relevant sections of the Residential Tenancies Act 1986 to make a decision.
- If the landlord wholly succeeds with their claim, the filing fee may be reimbursed.
- Parties can apply for a rehearing if they believe a substantial wrong or miscarriage of justice has happened, such as not receiving a hearing letter or improper admission/rejection of evidence.
💡 Examples
- A landlord successfully applied to the Tenancy Tribunal to terminate a tenancy because the tenant's rent was more than 21 days overdue.
- A tenant was awarded damages because their landlord unlawfully increased the rent during the COVID-19 rent freeze period, which was prohibited by amendments to the Act.
- A tenancy was terminated after an occupant allowed by the tenant caused significant damage to the property, including smashed walls and doors, and verbally threatened the landlord.
- A landlord was found to have committed an unlawful act for not lodging the tenant's bond with the correct authority, as required by the Act.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What does 'unlawful act' mean under the Residential Tenancies Act 1986?
An 'unlawful act' refers to actions by landlords or tenants that breach the rules set out in the Act. Examples from cases include a landlord failing to lodge a tenant's bond or increasing rent during a prohibited period like the COVID-19 rent freeze.
Can my tenancy be terminated if I'm behind on rent?
Yes, under the Residential Tenancies Act 1986, a tenancy can be terminated if your rent is at least 21 days in arrears on the date the landlord files an application with the Tenancy Tribunal.
What if someone I let into my rental property causes damage?
The Residential Tenancies Act 1986 states that if someone you allowed to be at the premises causes substantial damage or threatens the landlord, your tenancy can be terminated. You are generally responsible for the actions of your guests or occupants.
Are there any specific rules about rent increases?
Yes, the Act sets rules for rent increases. During specific periods, like the COVID-19 outbreak, temporary amendments (Schedule 5) were added to the Act, prohibiting rent increases for a set duration. Increasing rent during such a period was considered an unlawful act.
What should I do if I believe a decision made by the Tenancy Tribunal is wrong?
If you believe a substantial wrong or miscarriage of justice has occurred, you can apply for a rehearing. This might be if you didn't receive notice of the hearing, or if evidence was improperly handled. More information on rehearings and appeals can be found on justice.govt.nz/tribunals/tenancy/rehearings-appeals.