COVID-19: Information for tenants and landlords
A nationwide freeze on rent increases applied from 26 March to 25 September 2020. Landlords can give rent increase notices to take effect on or after 26 September, subject to the new rent increase rules under the Residential Tenancies Amendment Act 2020.
Landlords can currently terminate tenancies in accordance with the usual termination rules. There were restrictions against tenancy terminations previously in place which applied to the period between 26 March to 25 June. These are no longer in effect. Please note that the frequently asked questions (FAQs) for Alert Level 4 have not yet been updated to reflect this.
Find out what each alert level means for your tenancy:
Please note that the rules for alert levels are subject to change. These rules are up to date as of 25 September 2020.
Alert Level 1
- The rent increase freeze applied until 25 September 2020. Landlords can issue a rent increase notice to take effect on or after 26 September 2020, subject to the usual notice requirements.
- Note that from 12 August 2020, landlords cannot increase rent within 12 months of the commencement of the tenancy or the last rent increase.
- No additional restrictions on moving house, property viewings (including open homes), or maintenance and inspections apply.
Alert Level 2
- The rent increase freeze applied until 25 September 2020. Landlords can issue a rent increase notice to take effect on or after 26 September 2020, subject to the usual notice requirements.
- Note that from 12 August 2020, landlords cannot increase rent within 12 months of the commencement of the tenancy or the last rent increase.
- Tenants can move house, including between different alert level areas.
- Property viewings (including open homes), and maintenance and inspections can occur if these take place within an Alert Level 2 area. Everyone must follow guidelines set out at https://covid19.govt.nz/covid-19/restrictions/alert-level-2/. This includes physical distancing, record keeping (including displaying QR codes as appropriate), and hygiene practices.
Alert Level 3
- The rent increase freeze applied until 25 September 2020. Landlords can issue a rent increase notice to take effect on or after 26 September 2020, subject to the usual notice requirements.
- Note that from 12 August 2020, landlords cannot increase the rent within 12 months of the commencement of the tenancy or the last rent increase.
- Everyone needs to comply with regional travel restrictions. Everyone must also follow guidelines set out at https://covid19.govt.nz/covid-19/restrictions/alert-level-3/. This includes physical distancing, record keeping (including displaying QR codes), and hygiene practices. If these guidelines can be complied with:
- Tenants can move house, including between different alert level areas.
- Rental property viewings can occur within the Alert Level 3 area. We recommend that open homes where multiple people view the property do not occur. If the property is currently tenanted, the viewing should occur when the current tenant is not at the property.
- Property inspections could happen virtually if the tenants agree. We recommend that in person inspections should only happen in emergency situations, for example, if the landlord needs to confirm that emergency maintenance is required.
- Emergency property maintenance can occur.
Alert Level 4
- The rent increase freeze applied until 25 September 2020. Landlords can issue a rent increase notice to take effect on or after 26 September 2020, subject to the usual notice requirements.
- Note that from 12 August 2020, landlords cannot increase the rent within 12 months of the commencement of the tenancy or the last rent increase.
- For more information read the Level 4 FAQs. Please note that they have not been updated to reflect that the restrictions against tenancy terminations no longer apply.
Useful links
- Read the Tenancy Terminations expiry questions and Answers [PDF, 187 KB]
- More information on the notice required to end tenancies can be found on the Tenancy Services website
- Different notice periods also apply for service tenancies, and more information on the Tenancy Services website
- Read the guidance for rent negotiation discussions on the Tenancy Services website
- Visit the Work and Income website about available support products for Tenants
Published: November 16, 2020