Following our previous update on the Residential Tenancies Act 1986, several key changes came into effect on 20 March 2025. Here's a summary:

Modernising Service of Notices and Documents

Notices and documents can now be served electronically if an email address is specified in the tenancy agreement. A physical address for service is still required.

Email as Address for Service

An email listed in the tenancy agreement remains valid for up to 2 years after the tenancy ends. If a tenant has used an email to communicate with the landlord, it may be used in Tenancy Tribunal applications—even beyond the 2-year period.

Smoking Clauses

Tenancy agreements can now enforce indoor smoking bans, excluding outbuildings. Outdoor smoking bans must respect tenants’ rights, such as the right to quiet enjoyment.

Tribunal Decisions Without a Hearing

The Tenancy Tribunal may decide cases based solely on documents, where appropriate. Hearings are still required for cases involving tenancy termination or landlord entry rights.

Withdrawal Due to Family Violence

Tenants (or their children/dependants) may end a tenancy with 2 days’ notice, given sufficient evidence of family violence. No financial penalty applies, and landlord approval is not required.

Service Tenancies (Ministry of Education on Crown Land)

The definition now includes tenancies linked to contracts between school boards and their employees or contractors.

Tribunal Jurisdictional Limit

The $100,000 limit applies per tenancy, not per application, when the Compliance and Investigations team files against a landlord.

For questions or legal advice, contact us at property@qcl.co.nz.

Disclaimer: This blog is general commentary only and is not legal advice. Always seek tailored legal advice before making investment or immigration decisions.