Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers in relation to private land - Default by owner or occupier

185: Occupier may act if owner of premises makes default

You could also call this:

“Renters can fix things if the landlord doesn't, with council approval”

If you live in a place and the owner doesn’t do work that the law says they should, you can ask the local council if you can do the work instead. If the council says yes, you can go ahead and do it.

If you do work that the owner should have done, or if you have to pay for something that the owner should have paid for, you have two options. You can ask the owner to pay you back for the work you did or the money you spent. Or, if you pay rent to the owner, you can take the amount you spent off your next rent payment.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173477.

Topics:
Housing and property > Renting
Government and voting > Local councils
Previous

184: Rights and obligations if notice given under section 183(1), or

“This rule about notices is no longer used”

Next

186: Local authority may execute works if owner or occupier defaults, or

“Council can step in and do property work if owners or renters don't”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers in relation to private land: Default by owner or occupier

185Occupier may act if owner of premises makes default

  1. If an owner of premises defaults in doing any work required by or under this Act, the occupier of the premises, with the approval of the local authority, may do the work.

  2. If the occupier of the premises does the work under subsection (1), or is compelled to do any work or pay any money that ought primarily to be done or paid by the owner of the premises,—

  3. the occupier is entitled to be paid by the owner for the work done or money paid; and
    1. the occupier may deduct the amount of the expense or the money paid from any rent due from the occupier to the owner.

      Compare