New Zealand’s cooling rental market is giving tenants more leverage, but recent Tenancy Tribunal rulings show that many landlords are still failing to follow the law.
With rents easing and more properties available, prospective renters are in a stronger position. Yet Tribunal cases reveal repeated breaches of basic rules, particularly around entry rights, quiet enjoyment, and end-of-tenancy expectations.
According to a report by Susan Edmunds of RNZ, landlords are required to give 48 hours’ notice for inspections and 24 hours for repairs, and they can be penalised up to $1500 for failing to do so.
Tenancy Services reminds property owners: "A heads-up of when you are coming and what you're coming for is a good way to help build a positive working relationship with your tenants," as quoted by RNZ.
One recent case involved a landlord who arrived without warning, confronted the tenants in the garden and yelled at them about parking. The Tribunal ruled that, whether he entered the garden or not, shouting and threatening to terminate the tenancy breached their right to reasonable peace and privacy.
Tenants also hold the power when a home is put on the market: open homes cannot proceed without their consent, RNZ reported.
No Mandatory Professional Cleaning
Landlords cannot demand professional cleaning, carpet or otherwise, when tenants move out. They must only leave the home “reasonably clean and tidy.”
However, Sarina Gibbon of Tenancy Advisory said upcoming pet rules could complicate this. "With the pet provisions coming in, it's going to be really interesting," she said. Parliament has suggested a landlord may allow a pet if carpets are professionally cleaned, but Gibbon noted this is only an example, not a blanket rule, RNZ reported.
According to a report by RNZ, Pet bonds also remain illegal until December 1. "I'm hearing every week landlords are collecting pet bonds… when they are actually not legally allowed to until December 1," Gibbon said. Permission given on November 30 cannot be accompanied by a bond; permission granted on December 1 can.
Landlords Cannot Demand Rent Differentials
Some landlords are attempting to charge outgoing tenants the difference when a home re-lets at a lower rent, a practice Gibbon said is usually unlawful.
"Even though there are some rare exceptions… those are really quite unusual," she explained, as quoted by RNZ.
The Tribunal recently dismissed a landlord’s claim for a $10 weekly shortfall because they failed to show the lower rent was justified or that they had taken reasonable steps to secure the best possible rent.
Possessions Cannot Be Seized
According to RNZ, In a severe breach, a Beach Haven landlord entered a home, threw out belongings, issued a bill, and seized a $4000 computer. The Tribunal said the landlord had been sending “derogatory and racially suggestive messages” and awarded $4500 in damages.
If rent falls behind, landlords must act promptly. Gibbon warned that failing to issue notices or arrange payment plans could leave landlords unable to recover arrears: "We're not going to award you all the rent that's owed to you," as reported by RNZ.
Bills Must Be Passed On Quickly
Landlords also cannot hoard bills, such as Auckland Watercare charges, and then demand large back-payments at the end of the tenancy. They must be passed on in a reasonable timeframe.
Landlords Must Appoint Agents If Abroad
Anyone overseas for more than 21 days must legally appoint someone to manage their property. Failing to do so can amount to a breach.
Cabin Installations Remain Legally Complex
Gibbon said disputes are emerging around tenants installing cabins. Some are considered vehicles, making them outside the Residential Tenancies Act, while others require landlord consent. "It's complicated," she said, urging tenants and landlords to get legal advice.
No Retaliatory Action Allowed
Retaliation remains a serious violation. Landlords cannot issue notices or raise rent as retaliation against tenants. In one case, tenants received notice a day after detailing their claims in a dispute.
The Tribunal found the timing suspicious: "Where there is a short period of time between the tenant raising an issue about the tenancy (or filing a claim) and the landlord serving a notice, this may lead to a strong inference that the landlord was at least partly motivated by the tenant exercising their rights. This may lead to a strong inference that the landlord was at least partly motivated by the tenant exercising their rights," RNZ quoted.
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