Tenancy and housing
In August 2020, the government introduced a range of new laws that provide better protections for tenants. These include new rules about when a landlord can end a lease, limiting rent increases to once a year, leaving a lease early, making changes to the property, and enforcing your rights as a tenant.
Tenancy and COVID-19
The COVID-19 Protection Framework has affected some rights and obligations for tenants and landlords. This chapter will cover some of these changes including whether a landlord can ask you if you are vaccinated or whether you can refuse entry to landlords or tradespeople if they are unvaccinated.
For more information see the sections, “Moving in: Signing a tenancy agreement with a landlord”, “Living in your house or flat: Rights and obligations”, and “Social housing: Tenants in state and community housing”
Everyone renting their home has some basic legal protections
If you’re renting your home, you have some minimum legal protections, the same as you do with a job. Your legal rights don’t just depend on whatever agreement you have with your landlord, whether written or unwritten.
Your minimum rights cover things like how often the landlord can increase the rent, when they can come inside your place, and how many months’ notice they have to give you if they want you to move out.
These minimum protections are in the Residential Tenancies Act 1986 – the main law that deals with tenants and landlords.
These minimum protections only apply to residential tenancies. See “Who’s covered by the minimum tenancy protections” in this section.
- Tenant – The “tenant” is you, the person renting the place from the landlord.
- Landlord – The landlord is the person or organisation you rent your place from – they’re the owner. A landlord can be an individual person, or it can be a private company, a trust, a government organisation like Kāinga Ora (Housing New Zealand), or a local city council. But sometimes you might deal with an agent who works for the landlord, rather than with the landlord personally – for example, the landlord might employ a property management business to deal with tenants.
- Flatmate – this isn’t a legal term, but it’s the word sometimes used to describe someone who’s not a tenant of the property but who shares a place and shares the rent with the tenant. For more details, see “Tenants and flatmates: Who’s covered when you’re sharing the rent”.
- Tenancy Services – This is the government agency that deals with tenants and landlords; it’s part of the Ministry of Business, Innovation and Employment (MBIE). You can get information from Tenancy Services about your rights as a tenant – phone them on 0800 TENANCY (0800 83 62 62).
Note: If you have no home to sleep in, and you want a home, there are a few agencies that can help you. You also have some rights to sleep outside if you choose to. See the chapter “Neighbourhood life / Begging, busking and sleeping rough” for more information on homelessness and sleeping outside.