On 17 December 2024, the Residential Tenancies Amendment Act 2024 (‘Amendment’) was passed, updating New Zealand’s rental property laws. The Amendment modifies the conditions under which landlords can end tenancies and updates the Residential Tenancies Act 1986 (‘Act’).
Ending Periodic Tenancies
Landlords will be able to terminate periodic tenancies without cause by providing 90 days’ notice. This is a shift away from the requirement to have certain reasons to end a tenancy.
Landlords can also terminate a periodic tenancy within a shorter 42-day notice if:
- The landlord or a family member need to live in the premises within 90 days of ending the tenancy and they intend to live there for longer than 90 days.
- When the premises is under an unconditional agreement for sale that requires vacant possession.
- When the property is required for occupation by the landlord’s employees or contractors, provided this is stated in the current tenancy agreement.
These changes take place on 30 January 2025. Any notices issued prior to that date continue to apply under the old law and notices issued after that date are subject to the new laws.
Fixed Term Tenancies
From 1 May 2025, fixed term tenancies can be terminated on the expiry date with 90 to 21 days’ notice given by either party, otherwise, they will continue as periodic tenancies from the expiry date.
Further Changes
The Amendment includes several technical changes that will modernise the Act, effective from 20 March 2025. These changes include:
- Smoking: Tenancy agreement clauses that prohibit smoking indoors are enforceable by the tenancy tribunal.
- Domestic Violence: Children and dependents of tenants experiencing domestic violence are covered by the provision allowing withdrawal from the tenancy with 2 days' notice, without financial penalty or landlord agreement.
- Hearing flexibility: The Tenancy Tribunal can decide certain matters based on the application alone without holding a hearing.
- Electronic notice: Landlords and tenants can give formal notices via electronic means such as email if an email address is nominated.
Additionally, there are new provisions regarding pets that clarify when they are permitted, how landlords can charge pet bonds, and what damage tenants are responsible for in respect of pets.
This article offers an overview of the recent changes to tenancy law and is not intended as legal advice. For specific legal guidance regarding your tenancy, please consult one of our property law specialists.
Written by Charlotte Radley, Solicitor and Aaron Dykes, Associate. February 2025