GOVERNMENT ANNOUNCEMENTS ON RESIDENTIAL TENANCIES ACT

Changes to the Residential Tenancies Act 1986, about how tenancies can end are being proposed by the Government. The amendments to the Act are aimed at repealing various changes made in 2020.

It’s important for landlords and tenants to note that these changes are not yet law, and do not yet affect tenancies.

Draft legislation is being developed by the Ministry of Housing and Urban Development for introduction to Parliament in May 2024. If the Bill passes, it could become an Act in late 2024.

Residential Tenancies Act – termination of tenancy changes

The Residential Tenancies Act 1986 (RTA) is proposed to be amended to:

• Reintroduce 90-day ‘no cause’ terminations for periodic tenancies, meaning landlords can end a periodic tenancy without requiring a specific reason

• Return landlords’ notice periods for ending a periodic tenancy to 42 days where:

- they want to move themselves or a family member into the property, or

- the tenancy agreement states that the property is usually used to house employees, and they want to move an employee into the property, or

- where the property is subject to an unconditional agreement for sale requiring vacant possession.

• Return tenants’ notice period for ending a periodic tenancy to 21 days

• Reintroduce landlords’ ability to give notice to unilaterally end a fixed-term tenancy at the end of the term without requiring a specific reason.

For more information about these and a range of additional minor amendments see: Proposed changes to the Residential Tenancies Act 1986: Termination of tenancies

https://www.hud.govt.nz/our-work/proposed-changes-to-the-residential-tenancies-act-1986-termination-of-tenancies/