Residential Tenancies Act 1986

Boarding house tenancies - Rights and obligations of landlords and tenants

66J: Other obligations of landlord

You could also call this:

"What your landlord must do for you"

Illustration for Residential Tenancies Act 1986

As a tenant, you have rights and your landlord has obligations. Your landlord must not interfere with important services like gas, electricity, and water. They must tell you if they put the premises up for sale. You have the right to know about changes to locks and test results for contaminants. Your landlord must give you a copy of the insurance policy if you ask for it. If the insurance information changes, they must tell you. They must not break these rules. If they do, they might commit an unlawful act or an infringement offence and have to pay a fine or fee, which is specified in the Schedule 1B.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283911.

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66IA: Protection from liability for landlord who complies with contaminant regulations, or

"A landlord who follows the rules about dangerous substances in a boarding house cannot be blamed if the place is unsafe because of those substances."


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66K: Obligations of tenant, or

"Your responsibilities as a tenant"

Part 2ABoarding house tenancies
Rights and obligations of landlords and tenants

66JOther obligations of landlord

  1. The landlord must not interfere with the supply of gas, electricity, water, telephone services, or other services to the premises, unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.

  2. If, at any time after entering into a boarding house tenancy agreement, the landlord puts the premises on the market for the purposes of sale or other disposition, the landlord must, as soon as practicable, give written notice of that fact to the tenant.

  3. If a landlord is offering a boarding house tenancy, the landlord must inform prospective tenants if the premises are on the market for the purposes of sale or other disposition.

  4. A landlord who fails to comply with—

  5. subsection (1), (2), or (2A) commits an unlawful act:
    1. subsection (2A) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.
      1. Before changing any lock or similar device, the landlord must tell every tenant of the boarding house who will be affected about the change.

      2. If the landlord carries out tests for the presence of contaminants in any of the facilities, the landlord must, within 7 days of receiving the results of the testing, notify every current tenant of the boarding house, in writing, of the results of the testing, and provide each of them with a copy (if any) of the results.

      3. A landlord who fails to comply with subsection (3A)—

      4. commits an unlawful act; and
        1. commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.
          1. The landlord of premises that are insured may at any time, and must within a reasonable time after receiving a request from the tenant for a copy of the insurance policy, provide to the tenant under a tenancy agreement a copy of each insurance policy that is relevant to the tenant’s liability for destruction of, or damage to, the premises.

          2. If anything changes so that the insurance information that was provided in accordance with subsection (5) or this subsection is no longer correct, the landlord must, within a reasonable time after the landlord becomes aware of the change,—

          3. provide the tenant with a copy of the correct information; or
            1. if the premises are no longer insured, provide the tenant with a statement that they are not insured.
              1. A landlord’s failure to comply with subsection (5) or (6) is declared to be an unlawful act.

              Notes
              • Section 66J: inserted, on , by section 49 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
              • Section 66J(2): replaced, on , by section 48(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 66J(2A): inserted, on , by section 48(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 66J(2B): inserted, on , by section 48(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 66J(3A): inserted, on , by section 43 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
              • Section 66J(4): replaced, on , by section 48(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
              • Section 66J(5): inserted, on , by section 15 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
              • Section 66J(6): inserted, on , by section 15 of the Residential Tenancies Amendment Act 2019 (2019 No 37).
              • Section 66J(7): inserted, on , by section 15 of the Residential Tenancies Amendment Act 2019 (2019 No 37).