Residential Tenancies Amendment Act 2020

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