Research report
Residential Tenancies Amendment Act 2020
The Residential Tenancies Amendment Act 2020 (Amendment Act) modernises the laws governing tenancies in New Zealand, striking a balance between protecting a landlord’s interest in their property, and making sure tenants get fair rights for the rent they pay.
About the Amendment Act
New Zealand’s rental landscape has changed dramatically since the Residential Tenancies Act (RTA) 1986 came into force more than 30 years ago. More New Zealanders now live in rental accommodation and do so for longer periods of time.
The Amendment Act:
- improves tenants’ security and stability while protecting landlords’ interests
- ensures the law balances the rights and responsibilities of tenants and landlords and helps renters feel at home
- modernises the legislation so it can respond to the changing trends in the rental market.
See the Residential Tenancies Amendment Act 2020(external link).
Ads for rental properties must include a rental price. Lan
Changes included in the Amendment Act
Most of the changes in the Amendment Act are now in force. They include:
Rent increases
Rent can only be increased every 12 months.
Increased security for tenants
Landlords can't end a periodic tenancy without giving a specified reason, which is set out in the legislation. You can find out more about specified reasons, as well as template letters for ending a periodic tenancy on the Tenancy Services website.
Ending a periodic tenancy(external link) - Tenancy Services
Fixed-term tenancies signed after 11 February 2021 become periodic tenancies at the end of that fixed term, unless: the landlord and tenant agree otherwise; the tenant gives notice; or the landlord gives notice using a specified reason.
Minor changes to a property
Tenants can make minor changes to a rental property, if the installation and removal of them is low risk, e.g. changing curtains or installing a baby gate.
Enforcement
The Ministry of Business, Innovation and Employment (MBIE), which is the tenancy regulator, has new compliance tools to take direct action against either landlords or tenants who don’t meet their obligations under the Amendment Act. See what those tools are(external link).
No rental bidding
Landlords can’t ask tenants to bid on a property or offer to pay more than the advertised price.
Name suppression
Anyone who is successful in the Tenancy Tribunal can have their identifying details removed from the Tribunal’s decision.
Pending changes
Regulations are pending that will allow the following changes to be made:
Family violence
Tenants will be able to provide their landlord with a family violence withdrawal notice if they need to leave a tenancy quickly because of family violence.
Physical assault
If a tenant assaults their landlord or owner, the landlord's agent, or a member of the landlord or owner’s family, and are facing an assault charge, a landlord will be able to issue a 14-day notice to terminate the tenancy.
Exemptions
Government-funded transitional and emergency housing are exempt from the Act unless the provider and the tenant choose to opt in.
Related legislation
Residential Tenancies Act 1986 (external link)
Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018(external link)
Related documents
-
-
Regulatory impact assessment
Impact Summary: Termination of tenancy for assault on landlord
-
Regulatory impact assessment
Impact Summary: Residential Tenancies Amendment bill - Supplementary order paper
-
Briefing
Reform of the Residential Tenancies Act 1986: Bill, Cabinet paper and timeline
-
Briefing
Reform of the Residential Tenancies Act 1986: Further minor policy issues for drafting
-
Briefing
Reform of the Residential Tenancies Act 1986: Ultra-Fast broadband installations in rental properties
-
Briefing
Reform of the Residential Tenancies Act 1986: Definition of landlord’s or owner’s family member
-
Briefing
Reform of the Residential Tenancies Act 1986 – Minor policy issues for drafting
-
Cabinet minute
Cabinet Minute - Oral Item Reform of the Residential Tenancies Act 1986
-
Proactive Release
Regulatory Impact Assessment for RTA Reform: Improving Fairness in the Act
-
Cabinet minute
Cabinet Minute - Reform of the RTA 1986 - Improving Fairness in the Act
-
Cabinet paper
Cabinet Paper - Reform of the RTA 1986 - Improving Fairness in the Act
-
Cabinet minute
Cabinet Minute - Reform of the RTA 1986 Minor Fittings Rent Setting and Access to Justice
-
Cabinet paper
Cabinet Paper - Reform of the RTA 1986 Minor Fittings Rent Setting and Access to Justice
-
Proactive Release
Regulatory Impact Assessment: RTA Reform: Minor Fittings, Rent Setting and Access to Justice
-
Proactive Release
Healthy Homes Guarantee Act monitoring 2020
-
Proactive Release
Healthy Homes Guarantee Act monitoring 2021
-
Cabinet paper
Cabinet Paper: Policy decisions for family violence withdrawal notices regulations and physical assault termination notices regulations under the Residential Tenancies Act 1986
-
Cabinet minute
Cabinet Minute: Policy decisions for family violence withdrawal notices regulations and physical assault termination notices regulations under the Residential Tenancies Act 1986
-
Proactive Release
Regulatory Impact Statement: Family violence withdrawal notice regulations under the Residential Tenancies Act 1986
-
Proactive Release
Regulatory Impact Statement: Physical assault termination notice regulations under the Residential Tenancies Act 1986
-
Cabinet paper
Cabinet Paper: Trial of Rental Housing Warrant of Fitness Options with Housing New Zealand November 2013
-
Cabinet minute
Cabinet Minute - Trial of Rental Housing Warrant of Fitness with Housing New Zealand Corporation November 2013
-
Research report
Rental Housing Warrant of Fitness Technical Advisory Group Final Report
-
Research report
Trial of Rental Housing Warrant of Fitness Scheme with Housing New Zealand
Survey reports
-
Research report
Landlords Pulse Survey Topline Report Wave 1 May 2021
-
Research report
Landlords Pulse Survey Topline Report Wave 2 Oct 2021
-
Research report
Landlords Pulse Survey Topline Report Wave 3 May 2022
-
Research report
Landlords Pulse Survey Topline Report Wave 4 Nov 2022
-
Research report
Renters Pulse Survey Topline Report Wave 1 May 2021
-
Research report
Renters Pulse Survey Topline Report Wave 2 Oct 2021
-
Research report
Renters Pulse Survey Topline Report Wave 3 May 2022
-
Research report
Renters Pulse Survey Topline Report Wave 4 Nov 2022
Related
-
Programme update
More affordable homes for Te Tai Tokerau
03 February 23
Kerikeri will soon see works starting on a 56-home development that will include public and affordable homes and is now eligible for grant funding for future affordable rental developments through the Affordable Rental Pathway.
-
Legislation update
Family Violence and Physical Assault Regulations approved by Cabinet
05 December 22
There are few things more important to people and whānau in Aotearoa than the homes and communities they live in. Everyone deserves a warm, secure, affordable home whether they own or rent. They also have a right to be safe in these homes.
-
Programme
Build-to-rent
14 July 22
Build-to-rent is a type of medium to high-density residential development, specifically built to provide long-term rental housing.
On this page you can find out further information about build-to-rent, apply for an exclusion from the interest limitation rules for your build-to-rent land, and access application guidance and general guidance for build-to-rent tenants and providers. -
Legislation
Healthy homes standards
14 July 22
The healthy homes standards aim to close the quality gap between rental properties and owner-occupied homes, so the nearly 600,000 households that rent in New Zealand have warmer, dryer places to call home.
-
Programme
Sustaining Tenancies
14 July 22
Sustaining Tenancies works to prevent homelessness by funding community-based services to help individuals, families and whānau who are at risk of losing their tenancy.
-
Legislation
Residential Tenancies Amendment Act 2020
14 July 22
The Residential Tenancies Amendment Act 2020 (Amendment Act) modernises the laws governing tenancies in New Zealand, striking a balance between protecting a landlord’s interest in their property, and making sure tenants get fair rights for the rent they pay.
-
Legislation
Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018
14 July 22
Tenants can't be charged letting fees under the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018.
-
Legislation
Residential Tenancies Amendment Act 2019
14 July 22
The Residential Tenancies Amendment Act 2019 makes changes related to tenant liability for damage, unlawful residential premises, and contamination of rental properties.
-
Legislation
Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016
14 July 22
The Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 set out requirements for insulation and smoke alarms in all rental properties. The insulation requirements have since been superseded by the healthy homes standards.
-
Programme
Regulating residential property managers
14 July 22
Property managers in New Zealand aren’t regulated, which can mean inconsistent quality of services for tenants and owners. Regulations would introduce national standards around training, licencing and practice for all professional property managers, giving tenants and landlords confidence in the quality of the property management services they receive.
On this page you’ll find information about the proposed regulations and the indicative timeframe for their implementation. -
Legislation update
Updates to the healthy homes standards takes effect today
12 May 22
The Healthy Homes Standards are being updated with improvements to the heating, ventilation, and moisture ingress and drainage standards.
-
Legislation update
Changes to the healthy homes standards - finalised
14 April 22
The Government has amended some of the Healthy Homes Standards, for rental properties through the Residential Tenancies (Healthy Homes Standards) Amendment Regulations 2022.
-
Consultation
Consultation on proposed regulation of residential property managers
16 February 22
The Government is seeking feedback on proposals for the regulation of residential property managers. The proposals aim to promote public confidence in the delivery of residential property management services and protect the interests of property owners, tenants and other consumers.
-
Legislation update
Updating the Healthy Homes Standards - Heating Regulations
03 December 21
In response to rental sector feedback, the Government has agreed to amend the Healthy Homes Standards and its heating requirements for rental properties to reflect the higher thermal performance of new homes built to the 2008 building code requirements for insulation and glazing and apartments.
-
Legislation update
Update: COVID-19 Omnibus Bill passes to restrict tenancy terminations during serious outbreaks
29 October 21
The Government has passed legislation that can restrict tenancy terminations when people are required to stay at home in accordance with a COVID-19 Public Health Response order.