Section 32 — Residential Tenancies Act 1986: Accelerated rent or damages prohibited
Text of the provision Official document
32 Accelerated rent or damages prohibited (1) Any provision in a tenancy agreement to the effect that, on breach by the tenant of any term of the agreement or of any of the provisions of this Act or of any other enactment, the tenant shall be liable to pay— (a) The whole or any part of the rent remaining payable under the agreement; or (b) Rent of an increased amount; or (c) A sum specified in the agreement by way of damages or penalty,— shall be of no effect. (2) Any provision in a tenancy agreement to the effect that, if the tenant does not breach any term of the agreement or any of the provisions of this Act or of any other enactment, the rent shall or may be reduced or the tenant shall or may be granted or paid a rebate, refund, or other benefit, shall be construed as entitling the tenant to that reduction, rebate, refund, or other benefit in any event. Compare: Residential Tenancies Act, 1978-1981 (South Australia),
s 59
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →