Housing Act 1955

State houses - Disposal of State housing land

19A: Special provisions applying to rent payable under leases and tenancies of State housing land

You could also call this:

"Rent rules for state houses"

Illustration for Housing Act 1955

When you rent a state house, you pay rent to Kāinga Ora–Homes and Communities. The rent you pay is decided by your lease or tenancy agreement, or by the Tenancy Tribunal. You can find more information about this in the Residential Tenancies Act 1986. If Kāinga Ora–Homes and Communities says something about your rent, it does not affect the amount you pay. The amount you pay is what is stated in your lease or tenancy agreement, or what the Tenancy Tribunal decides. You can also look at the Housing Amendment Act 1992 for more information. The government or Kāinga Ora–Homes and Communities does not have to pay you compensation because of this rule. This rule is part of the law and applies to state housing land. You can find more information about state housing in the Public and Community Housing Management Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM291305.

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Part 1State houses
Disposal of State housing land

19ASpecial provisions applying to rent payable under leases and tenancies of State housing land

  1. Notwithstanding anything in this Act, the Residential Tenancies Act 1986, any other enactment, or rule of law, for the purposes of determining the rent payable under a lease or tenancy granted by Kāinga Ora–Homes and Communities in respect of State housing land, whether before or after the commencement of the Housing Amendment Act 1992 and whether or not the land or the lease or tenancy has been vested in Housing New Zealand Limited pursuant to the Public and Community Housing Management Act 1992,—

  2. no term or condition shall be taken to be implied in the lease or tenancy, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined:
    1. no effect shall be given to any representation made by or on behalf of Kāinga Ora–Homes and Communities, whether before or after the commencement of the Housing Amendment Act 1992, limiting the rent payable or increases in the rent payable to an amount that is less than the amount stated in or determined under the lease or tenancy agreement or otherwise determined by the Tenancy Tribunal, as the case may be, by reason or on account of any decision, direction, or policy of the Crown to require payment of an amount that is less than the amount so stated or determined.
      1. Nothing in subsection (1) shall be taken as imposing any liability on the Crown or Kāinga Ora–Homes and Communities to pay compensation to any person.

      Notes
      • Section 19A: inserted, on , by section 2(1) of the Housing Amendment Act 1992 (1992 No 77).
      • Section 19A(1): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
      • Section 19A(1)(b): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).
      • Section 19A(2): amended, on , by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).