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Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

16A: Landlord must have agent if out of New Zealand for longer than 21 consecutive days

You could also call this:

“ If a landlord leaves New Zealand for more than 21 days in a row, they need to choose someone to look after their property. ”

If you’re a landlord and you plan to be outside of New Zealand for more than 21 days in a row, you need to make sure you have an agent in New Zealand. You should appoint an agent before you leave if you know you’ll be gone for that long. If you’re already out of the country for more than 21 days and don’t have an agent, you need to appoint one quickly.

When you appoint an agent, you must tell your tenant right away. You need to give them the agent’s name, contact address, mobile phone number (if they have one), and email address (if they have one). If you’ve paid a bond for the tenancy, you also need to tell the chief executive about the agent using the approved form.

The agent you choose will have the same rights and responsibilities as you do when dealing with the tenant. This means they can act on your behalf while you’re away.

If you don’t follow these rules, you’re breaking the law. You could be fined or have to pay an infringement fee as listed in 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=DLM3295054.

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Part 2 Tenancy agreements
Preliminary matters

16ALandlord must have agent if out of New Zealand for longer than 21 consecutive days

  1. A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand.

  2. A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand.

  3. A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent.

  4. A landlord who appoints an agent under this section must, immediately after appointing the agent,—

  5. notify the tenant of the agent’s name, contact address, and address for service; and
    1. if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars.

      1. For the purposes of subsection (4)(a), the following must be notified with the agent’s contact address:

      2. the agent’s contact mobile telephone number (if any):
        1. the agent’s contact email address (if any).

          1. An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.

          2. A landlord who fails to comply with this section—

          3. commits an unlawful act; and
            1. commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

              Notes
              • Section 16A: inserted, on , by section 13 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
              • Section 16A(4A): inserted, on , by section 9 of the Residential Tenancies Amendment Act 2016 (2016 No 26).
              • Section 16A(6): replaced, on , by section 11 of the Residential Tenancies Amendment Act 2020 (2020 No 59).