Residential Tenancies Amendment Act 2020

On 12 August 2020, new amendments to the Residential Tenancies Act were introduced and became law

Property Brokers have summarised some of the more significant changes for your information. Below is a list of sections and maximum fines that can be enforced by the Tribunal.

Up to $350 fine:

  • S27(2) Owner requiring rent in excess of market rent order

Up to $1,500 fine:

  • S16A(6) - Owner failing to appoint agent when outside New Zealand for longer than 21 consecutive days
  • S17 - Requiring key money
  • S18 - Owner requiring bond greater than the amount permitted
  • S18A - Requiring unauthorised form of security
  • S23 - Owner requiring rent more than two weeks in advance, or before rent already paid expires
  • S40(3A) - Failing to observe, without reasonable excuse, the tenant’s duties upon termination
  • S40(3A) - Using or permitting premises to be used for an unlawful purpose
  • S40(3A) - Tenants failing to ensure number of residents does not exceed maximum allowed
  • S44(2A) - Assigning or subletting a tenancy when prohibited
  • S45(2A) - Owner interfering with supply of services to premises
  • S46(3) - Altering locks without consent of other party
  • S48(4) - Unlawful entry by owner
  • S61(5) - Abandonment of premises without reasonable excuse

Up to $3,000 fine:

  • S33 - Owner seizing or disposing of tenant’s goods
  • S38(3) - Interference with privacy of tenants
  • S40(3A) - Harassment of tenants or neighbour

Up to $4,000 fine:

  • S40(3A)(b) - Interference, etc., with means of escape from fire

Up to $7,200 fine:

  • S12(1) - Unlawful discrimination - $6500
  • S45(1A) - Owner’s failure to meet obligations in respect of cleanliness, maintenance, smoke alarms, the Healthy Homes Standards, or buildings health and safety requirements - $7200

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