Residential tenancy laws have changed. What you need to know as a tenant.

In 2024 the Residential Tenancies Act 1986 (Act) was amended in response to the coalition Government’s commitment to increase the private rental supply by providing better support for landlords and introducing new provisions relating to keeping pets on the premises.  This article will look at the main changes to the Act that tenants should be aware of and when these changes apply. 

Termination of a periodic tenancy by notice – 21 days’ notice 

Previously, to terminate a periodic tenancy for any reason, a tenant was required to give 28 days’ notice to their landlord.  Since 30 January 2025, this notice period has been reduced to 21 days. 

Fixed-term tenancy becomes periodic unless contrary notice given

When a fixed-term tenancy of more than 90 days expired, the tenancy automatically became a periodic tenancy on the same terms however since 30 January 2025, either party may now give written notice of their intention not to continue with the tenancy provided that the notice is given within the period that starts on the 90^th day and ends on the 21^st day before the end of the tenancy. 

Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry

A tenant who wished to renew or to extend their fixed-term tenancy was required to give their landlord written notice of their intention to renew or to extend by the 28^th day before the expiry date.  Since 30 January 2025, the notice period has been reduced to the 21^st day before the expiry date. 

Decision on papers

Tenancy Tribunal proceedings have traditionally required the parties to be present at the hearing.  However, since 20 March 2025 the Tribunal may now decide a proceeding on the papers if it considers it appropriate, except in cases of terminations, or a landlord’s re-entry, or abandonment applications.  This means that the parties do not need to be present at a hearing and can provide evidence of their case based on their written submissions. 

Pets

New pet provisions have been introduced to balance the interests of both landlords and tenants.  These new pet provisions clarify when a tenant may keep a pet on a premises, what must be contained in a tenancy agreement, and the requirements relating to requests for consent to keeping a pet.  We will comment on these new pet provisions in a separate article once these provisions come into force.

Bonds

In conjunction with the introduction of new provisions relating to keeping pets, the bond provisions will be amended to clarify that there will be two categories of bonds: general bonds (4 weeks’ rent) and pet bonds (2 weeks’ rent); the landlord’s duties relating to bonds; and the tenant’s obligations, responsibilities, and liability in relation to the premises.  We will comment further on the amended bond provisions in a separate article once these provisions come into force.

Smoking

Since 20 March 2025, a landlord may now prohibit tenants from smoking a smoked tobacco product (a tobacco product that involves ignition or the combustion process) in any part of the premises that is indoors (including any common area facilities e.g. lifts and stairways, rubbish facilities, but excluding outbuildings, e.g. carports, garages) provided that such prohibition is included in a tenancy agreement. 

Withdrawal from tenancy following family violence

Since 20 March 2025, a tenant under a fixed-term or periodic tenancy can now withdraw from the tenancy by giving the landlord at least 2 days’ notice if the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises, or the tenant’s dependant has been a victim of family violence while residing at the premises with the tenant, or both.  

Address for service

Since 20 March 2025, either party may now serve notices or other documents on the other party via an electronic address, being “an email address, facsimile number, mobile telephone number, or instant messaging account through which information transmitted is readily accessible for subsequent reference”.

The above is a summary of the main changes to the Act affecting tenants however if you have a particular query about these changes, please get it touch with our Commercial Property Team. 

Disclaimer:  The information contained in this article is current at the date of publishing and is of a general nature.  It should be used as a guide only and not as a substitute for obtaining legal advice.  Specific legal advice should be sought where required.