Residential Tenancies Amendment Bill

The Government has made changes to the Residential Tenancies Act 1986 affecting tenancy termination rules and rules for keeping pets. The Bill received Royal assent on 17 December 2024.

It’s important for landlords and tenants to note that these changes will not affect tenancies until 2025.

Detailed guidance for landlords and tenants is available on the Tenancy Services website(external link).

Tenancy terminations

Law is currently (2024) Law changes from 30 January 2025

Landlords can end a periodic tenancy if they have a specific termination ground, for example, demolishing the property or carrying out extensive renovations.

 90-day ‘no cause’ terminations for periodic tenancies without requiring a specific ground for ending the tenancy.

Notice periods are 63 days to end a periodic tenancy where:

  • the owner, or their family member, requires the property to live in as their main residence.
  • the property is needed for an employee (and this is in the tenancy agreement).

The notice period is 90 days to end a periodic tenancy where:

  • the property has been sold with a requirement to give vacant possession.
 Notice periods return to 42 days for these same specific landlord termination grounds.

Tenants have to give 28 days’ notice (at least) to end a periodic tenancy.

 Tenant’s notice period returns to 21 days for ending a periodic tenancy.

Fixed-term tenancies automatically convert to periodic tenancies unless:

  • a landlord gives notice using the one of the specific termination grounds for periodic tenancies;
  • a tenant gives notice for any reason at least 28 days before the end of the tenancy; or
  • the parties agree otherwise, for example, to renew the fixed term or to end the tenancy.

Fixed-term tenancies automatically convert to periodic tenancies unless:

  • a landlord or tenant gives notice to end a fixed-term tenancy between 90 and 21 days before the fixed term ends. No specific reason is required; or
  • the parties agree otherwise, for example, to renew the fixed term or to end the tenancy.

Note: For existing fixed-term tenancies there will be a 90-day transition period, meaning the change will only apply to existing tenancies where they expire on or after 1 May 2025. Detailed guidance is available(external link) from the Ministry of Business, Innovation and Employment's Tenancy Services website.

Within 28 days of receiving a termination notice, a tenant can apply to the Tenancy Tribunal for an order declaring the notice is retaliatory, an unlawful act, and ‘of no effect’ (cancelled) on the grounds that the landlord gave the termination notice in response to the tenant enforcing their rights. 

Up to 12 months after receiving a termination notice, a tenant can apply to the Tenancy Tribunal for an order declaring the notice was retaliatory and an unlawful act on the grounds that that the landlord gave the termination notice in response to the tenant enforcing their rights or in response to legal actions taken against the landlord in respect of the tenancy by another person or body, for example the Ministry of Business, Innovation and Employment or a local council.

If the tenant applies within 28 days of receiving the termination notice, they can also request the notice be cancelled.

Pet bond and pet consent rules

Pet-related changes are expected to take effect from late 2025, with an exact date yet to be set.

Landlords will be able to require a ‘pet bond’ up to a maximum value of two weeks’ rent (in addition to the regular rental bond).

To keep a pet in a rental property, the tenant will have to get written consent from their landlord, who may only refuse on reasonable grounds.

The non-exhaustive list of reasonable grounds for refusing a tenant’s request to keep a pet in a rental property will be:

  • the premises are not suitable for the pet or pets (for example, because of the size or fencing of the premises, or other unique features of the premises);
  • a relevant rule or bylaw prohibits the pet or pets from being kept on the premises;
  • the tenant has not complied with relevant bylaws relating to the pet or pets;
  • the pet or pets are not suitable for the premises:
    • due to their size or type (for example, their species or breed); or
    • due to their propensity for causing damage to premises or disruption to other persons residing in the neighbourhood; or
    • because they include a dog that has been classified as dangerous or menacing under the Dog Control Act 1996; or
    • because there is good reason to believe they have previously attacked persons, livestock or other pets;
  • the tenant has not agreed with a reasonable condition to which the landlord proposes to make the tenancy agreement or the consent subject; or
  • the tenant has previously failed to comply with a reasonable condition relating to the tenant keeping a pet.

There will also be a non-exhaustive list of reasonable conditions that can be attached to a landlord’s consent, including that the tenant pay a pet bond, that any pets must be restrained when a landlord lawfully enters the premises, and that carpets be professionally cleaned at the end of the tenancy. Any conditions must be reasonable with regard to the nature of the premises, and the type of pet or pets. 

Tenants will be fully liable for careless and accidental pet-related damage that is beyond fair wear and tear.

The changes include pet consent and bond-related infringement offences, unlawful acts, and associated penalties to support compliance with the new rules.

Minor and technical changes to the Residential Tenancies Act 1986

A range of additional minor changes to further support landlords and improve the clarity and effectiveness of the law will also take effect from 20 March 2025.

Change from 20 March 2025 Why this change was made

Clarifying landlords can prohibit tenants smoking indoors

Clarifies that clauses in tenancy agreements that prohibit smoking indoors are enforceable.

Clauses prohibiting smoking in other parts of the premises will be enforceable if it is consistent with the parties’ other rights and obligations under the Act. 

Enabling Tenancy Tribunal to decide matters by reading the documents instead of having parties attend the hearing

 Supports the Tenancy Tribunal to be efficient, reducing time and costs associated with attending Tenancy Tribunal hearings for stakeholders where appropriate.

Clarifying a tenant’s ability to withdraw from a tenancy when the tenant’s dependant has experienced family violence

 Removes barriers to leaving unsafe situations by confirming that a tenant can leave a tenancy at short notice if their child or dependent is subject to family violence.

Clarifying service tenancies managed by Ministry of Education on Crown land

 Technical amendment to clarify tenancies where the Crown owns the land, the Ministry of Education acts as landlord, and the employer is the school’s board.

Confirming the jurisdictional limit for the Tenancy Tribunal is per tenancy for consolidated applications

 Increases efficiency for MBIE, the Tenancy Tribunal and landlords when MBIE is making an application to Tenancy Tribunal in relation to multiple properties owned by one landlord – limit will be $100,000 per tenancy.

Modernising how notices and documents are given

 Ensures that landlords and tenants can give documents and notices in modern ways e.g. texts or instant messaging.

Duration for Tenancy Tribunal rent reduction orders extended from six to 12 months

 Ensures consistency across the law, aligning the maximum duration for a rent reduction order with the minimum duration between rent increases for a tenancy.

What doesn’t change  

The Government has kept some amendments made in 2020, as they give more choice to landlords in how to manage their property: 

  • Landlords can apply to the Tenancy Tribunal to end a periodic tenancy where the landlord has given three notices of anti-social behaviour in 90 days or where the tenant has been in repeated rent arrears. 
  • Landlords can apply to the Tenancy Tribunal to end a periodic tenancy quicker than 90 days on hardship grounds.
  • Landlords can end a tenancy with 14 days’ notice where the tenant has assaulted the landlord, their family or an agent, and a criminal charge has been filed. 

The Government has also kept the 2020 amendment to keep tenants safe, by making sure they can withdraw from a tenancy where they are a victim of family violence. 

Next steps

The Residential Tenancies Amendment Bill passed its third reading on 12 December 2024 and received Royal assent on 17 December 2024 . Introduction of the changes will start with a phased approach from early 2025. Detailed guidance for landlords and tenants(external link) is available on the Tenancy Services website.

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