Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Application of Act

8: Parties to excluded tenancies may agree that Act shall apply

You could also call this:

“ People can choose to follow the rules in this law, even if they normally wouldn't have to. ”

You and the other person involved in a rental agreement can decide to follow the rules of the Residential Tenancies Act, even if your rental situation isn’t normally covered by it. This applies to any place that people live in or plan to live in. You both need to agree in writing about which parts of the Act you want to follow. You can choose to follow all of the Act’s rules or just some of them. You can also change some of the rules if you both agree.

You and the other person can also agree to let the Tenancy Tribunal make decisions about your rental agreement. The Tribunal is a group that helps solve problems between renters and property owners. You can give the Tribunal as much or as little power as you want, as long as it’s within what the Act allows.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95009.

Topics:
Housing and property > Renting
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“This law explains the rules for short-term rental agreements that last up to 90 days.”

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9: Existing tenancies, or

“This law explains how the new rules apply to tenancies that started before the law changed.”

Part 1 Application of Act

8Parties to excluded tenancies may agree that Act shall apply

  1. Nothing in any of sections 5 to 7 shall prevent the parties to a tenancy that would otherwise be excluded from this Act by virtue of any of the provisions of those sections, being a tenancy of any premises used or intended to be used for residential premises, from agreeing in writing that all or any of the provisions of this Act shall apply in respect of the tenancy, either without modification or with such modifications as they may so agree.

  2. Without limiting subsection (1), any such agreement may confer upon the Tribunal, in respect of the tenancy, all or any of the jurisdiction conferred on the Tribunal by this Act in respect of tenancies to which this Act applies.