The Residential Tenancies Act 1986 (RTA) sets out the basic protections for tenants renting houses and flats, and also tenants in boarding houses.
The RTA:
- covers the relationship between landlords and tenants
- defines the rights and responsibilities of landlords and tenants
- provides a system for helping resolve tenancy disputes.
The law applies in most situations where there is a tenancy of residential premises (a place to live, rather than a place to do business) (s 4 RTA).
A tenancy is the right to occupy a premises in return for rent. When a tenant signs a tenancy agreement with the landlord, this gives them the right to occupy the rental premises. Rent is usually the payment of money, but can include the exchange of goods and services for a place to stay (s 2 RTA). For instance, a tenant could provide nannying, nursing, cleaning or other services rather than paying rent.
The RTA applies to tenants but not to flatmates. When a group of people live together in a rental property, often only some of those people will sign the tenancy agreement with the landlord. These people are ‘tenants’. If a person lives at the property but they are not named on the tenancy agreement, then they will likely be a ‘flatmate’ rather than a tenant and they will not be covered by the RTA.
More information about flatmates and others who are not covered by the RTA
Changes to the RTA over time
In recent years, tenancy rights have been subject to changes driven by shifting government policies. Changes to the RTA have been introduced and later reversed or modified in response to changes in government. These changes in tenancy rules can be confusing and stressful for tenants. To provide effective support, it is crucial that advocates stay informed about the latest changes.
Changes made to the RTA in 2020 that aimed to give tenants greater tenure security by not allowing landlords to end tenancies without a specific reason were reversed by further amendment to the RTA in 2024. Landlords can now issue a 90-day no-cause termination to end a periodic tenancy, and can end a fixed-term tenancy at the end date rather than it rolling over into a periodic tenancy.
Tenancy Services' Summary of changes to the Residential Tenancies Amendment Act 2024
Some amendments have benefitted tenants
A welcome amendment to the RTA in 2020 was acknowledgment that tenants facing family violence need to be able to leave their tenancy quickly.
In another important step, the historically poor standard of many New Zealand rental houses has been at least partly addressed with the introduction of the Healthy Homes Standards in 2019. By 1 July 2025, all rental homes must meet standards for heating, insulation, ventilation, moisture and drainage, and draught stopping.
It has also been recognised that pets can be an important part of tenant’s lives, and that people can end up homeless when they are not able to find a rental property that will accept their pets. With the 2024 RTA amendments, tenants will be able to have a pet if their tenancy agreement allows it or with their landlord’s written consent. A landlord will not be able to refuse permission unless they have reasonable grounds to do so. Landlords will be able to request a pet bond from the tenant. The date that this will take effect is yet to be determined.
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