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Important Changes to Residential Tenancies

The Residential Tenancies Amendment Act 2024 (RTAA 2024) brings some important changes to tenancy terminations and pet rules. It's a good idea for property managers and real estate professionals to get up to speed on these updates, especially with the new rules kicking in on 30 January 2025.

Key changes in the RTAA 2024:

Tenancy Terminations:

• Landlords can terminate a periodic tenancy with at least 90 days’ notice, without needing to give a reason.
• In certain circumstances, landlords can end a periodic tenancy with a 42-day notice (down from the previous 90 days), such as when an unconditional sale agreement requires vacant possession.
• The minimum notice period for tenants to end a periodic tenancy is now reduced to 21 days.
• Both landlords and tenants can provide notice to terminate a fixed-term tenancy between 90 and 21 days before the end of the term, without specifying a reason.
• Tenants must now give at least 21 days’ notice to renew or extend a fixed-term tenancy. These changes take effect on 30 January 2025.

Note: Notices issued before 30 January 2025 remain valid and cannot be altered to reflect the new notice periods. For fixed-term tenancies that began after 11 February 2021 and expire on or before 30 April 2025, the previous law still applies. For fixed-term tenancies expiring from 1 May 2025 onwards, the new rules will apply.

Pet Provisions:

• Tenants must obtain written consent from their landlord or have specific permission in their tenancy agreement to keep a pet.
• A landlord may require a pet bond, which could be up to two weeks' rent, in addition to the standard bond of up to four weeks’ rent.
• Tenants will be held responsible for any pet damage beyond normal wear and tear. 

Note: The introduction of pet bonds is set to take effect on a date to be decided by an Order in Council, and charging a pet bond is not currently allowed.

Retaliatory Termination Notices:

• If a landlord ends a tenancy in response to a tenant exercising their rights, the tenant may apply to the Tenancy Tribunal to have the termination deemed retaliatory and unlawful.
• This provision now applies if the landlord terminates the tenancy due to any legal action or power being exercised against them, such as involvement from the Tenancy Services Compliance and Investigations Team.

These changes come into force on 30 January 2025.

Smoking Provisions:

• Landlords can ban smoking inside the rental property.
• To enforce a smoking ban in other areas of the property, such as outbuildings, the landlord must ensure the ban aligns with the rights and responsibilities of all parties under the RTA. 

These provisions will come into effect on 20 March 2025.

The Ministry of Business, Innovation and Employment’s Tenancy Services website now offers guidance on the changes for both landlords and tenants, including a Summary of Changes booklet. A full copy of the RTAA 2024 reference can be accessed here.

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Max Oliviero, is the Founder and CEO of Umanest.com, a SaaS platform that aims to enhance real estate and property management for owners, tenants, and professionals. With a master's in Property and extensive experience managing real estate projects in Europe, Max later moved to New Zealand, where he led a team in Auckland. Inspired by team burnout and client challenges, he created Umanest to empower property managers, strengthen client relationships, and drive growth through innovation and loyalty.

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