Residential Tenancies Act 1986

The Tenancy Tribunal - Procedure

91A: Service on tenants following application

You could also call this:

"How landlords give tenants important papers after a tenancy ends"

Illustration for Residential Tenancies Act 1986

If you are a tenant and your landlord files an application within 2 months after your tenancy ends, they can serve you notices or documents by post, delivery, or email. They can send it to the address you gave them or to a contact address you supplied in writing. They can also give it to you personally or serve you in accordance with section 136(2). If your landlord files an application more than 2 months after your tenancy ends, they must serve you notices or documents personally or by post to a contact address. They can also deliver it to where you live now and give it to someone aged 16 or older who lives with you. They can give it to your solicitor or agent if you authorised them to receive service on your behalf. This rule overrides section 136(1) and (2) of the Act. You should know how your landlord can serve you notices or documents. Your landlord must follow these rules when serving you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3285708.

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Part 3The Tenancy Tribunal
Procedure

91AService on tenants following application

  1. If a landlord files an application within 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant in connection with the application is deemed to have been properly served on the tenant if—

  2. it is sent by post addressed to the tenant at the address or the Post Office box given by the tenant as an address for service in accordance with this Act or to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or
    1. it is delivered to the premises to which any address for service relates or to that contact address and either placed in the mailbox or attached to the door in a prominent position; or
      1. it is given to or served on the tenant personally; or
        1. it is given to or served on the tenant in accordance with section 136(2); or
          1. it is transmitted to the email address or facsimile number given by the tenant as an address for service.
            1. If the landlord files an application more than 2 months after the termination of the tenancy to which it relates, any notice or other document required to be served on the tenant relating to the application must be given to or served on the tenant—

            2. personally; or
              1. by posting it to a contact address that the tenant has supplied to the landlord in writing within the 2 months before the application; or
                1. by delivering it to the place where the tenant now lives and giving it to any person appearing to be aged 16 years or older who appears to be residing at that place and who confirms that the tenant resides there; or
                  1. by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to receive service on his or her behalf; or
                    1. if the landlord files the application no later than 2 years after the termination of the tenancy to which it relates, by transmission to an email address given by the tenant as an address for service; or
                      1. if the landlord files the application more than 2 years after the termination of the tenancy to which it relates, by transmission to an email address that the tenant has used to communicate with the landlord, or otherwise supplied to the landlord in writing, within the 2 years before the application.
                        1. This section overrides section 136(1) and (2).

                        Notes
                        • Section 91A: inserted, on , by section 63 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                        • Section 91A(2)(e): inserted, on , by section 39 of the Residential Tenancies Amendment Act 2024 (2024 No 52).
                        • Section 91A(2)(f): inserted, on , by section 39 of the Residential Tenancies Amendment Act 2024 (2024 No 52).