New Zealand Property Investors' Federation
The NZPIF is the umbrella body for 17 local Property Investors' Associations throughout New Zealand.
Summary of the changes in the Residential Tenancies Amendment Bill The Residential Tenancies Amendment Bill was listed on the agenda in Parliament on 4th August, 2020. This becomes the date it was passed even though the actual date the Bill was passed was the 5th of August. The changes come into effect in six months, except for restricting rent increases to once a year, which is effective immediately |
Fixed Term and Periodic Tenancy Agreements Landlords will not be able to end a periodic tenancy without a reason (see reasons below). Fixed-term tenancies will become periodic tenancies at the end of the fixed term, unless both parties agree that the tenancy will end. Fixed term tenancies are now effectively minimum term tenancies. If the landlord doesn't want the tenancy to continue at the end of the fixed term, but the tenant does, then the landlord must use one of the periodic tenancy grounds for ending a tenancy If the tenant doesn't want the tenancy to continue at the end of the fixed term, but the landlord does, the tenant must give notice between 28 days and 90 days before the end of the fixed term period. Termination Grounds for Periodic Tenancies to end: These grounds are in addition to the existing provisions that allow termination following a tenant breaking their tenancy condition, such as being 21 days behind in the rent.
Removing a tenant for anti-social behaviour:
If the tenant disagrees with the notice to end the tenancy for antisocial behaviour, they can appeal the notice to the Tenancy Tribunal. It is up to the landlord to prove that the tenant engaged in the antisocial behaviour and that it was more than mild antisocial behaviour. This means that other tenants or neighbours will probably have to become involved and provide evidence Tenant commits assault If a tenant physically assaults the landlord, the owner, a member of the landlord's family, or the landlord's agent, the landlord may terminate a fixed-term or periodic tenancy by giving at least 14 days' notice to the tenant. To do this, landlords must lay a complaint with the Police who must have sufficient evidence to charge the tenant with the assault. Other changes
Criminal Acts Infringement Offences Infringement Fees Pecuniary Penalties Improvement Notices Enforcement Undertakings
New supplementary Order regarding family violence:
Please note that this is only an extract of the Bill and these should be read alongside the legislation to get the full understanding of landlords' requirements.
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Read the full text of the Bill and the Supplementary Order Paper here. |
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