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Residential Tenancies Act 1986

Application of Act

9: Existing tenancies

You could also call this:

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

This law applies to all tenancies that started before the Residential Tenancies Act 1986 began, and were still active when it started. However, there are some exceptions.

For fixed-term tenancies and service tenancies that started before the Act, some parts of the Act don’t apply. These parts are sections 12, 14, 23, 24, 30, 32, 39, 40, 44 to 46, 58, and 59. For service tenancies, these parts will start to apply if the tenancy is renewed or the tenant legally passes their part of the agreement to someone else.

For tenancies that started before the Act:

  1. The original agreement still applies, except for parts that don’t match the new Act or if the tenant and landlord agree to change it.

  2. Any legal actions started before the Act began can continue as if the Act didn’t exist.

  3. Any notices given to end a tenancy before the Act began can still be used.

  4. Any process to change the rent that started before the Act began can still happen, but the Tenancy Tribunal can make an order about it under section 25.

  5. You can’t be punished for doing (or not doing) something before the Act began if it was legal at the time.

The Act applies to all other tenancies that existed when it started, except as mentioned in sections 5 to 7.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95010.

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Part 1 Application of Act

9Existing tenancies

  1. Subject to subsection (2) and to sections 5 to 7, in respect of every tenancy granted before the date of the commencement of this Act and still subsisting immediately before that date, this Act shall apply on and after that date.

  2. Nothing in sections 12, 14, 23, 24, 30, 32, 39, 40, 44 to 46, 58, and 59 shall apply to—

  3. any fixed-term tenancy granted before the date of the commencement of this Act and still subsisting immediately before that date; or
    1. any service tenancy granted before that date and still subsisting immediately before that date, unless and until the tenancy is renewed or the tenant's interest under the tenancy agreement is lawfully assigned.

      1. Subject to sections 5 to 7, in respect of any tenancy granted before the date of the commencement of this Act and still subsisting immediately before that date, the following provisions shall apply:

      2. all the express or implied terms, provisions, covenants, and conditions of the tenancy agreement by which the tenancy was created shall continue to have the same force and effect as they had immediately before that date, except to the extent that they are inconsistent with any of the provisions of this Act (except, in the case of a fixed-term tenancy or a service tenancy, those provisions specified in subsection (2)) or are varied by agreement between the parties or by order made by the Tribunal under this Act:
        1. any proceedings instituted in relation to the tenancy before that date may be continued and completed as if this Act had not been passed:
          1. any notice issued before that date determining or forfeiting the tenancy shall have effect and may be enforced as if this Act had not been passed:
            1. any process or procedure commenced before that date whereby the rent payable for the tenancy could be varied may be continued and completed, and shall have effect to vary the rent, as if this Act had not been passed, but subject to any order made by the Tribunal under section 25:
              1. no person shall be liable in any civil or criminal proceedings by virtue of any of the provisions of this Act for anything lawfully done or lawfully omitted to be done before that date.

                Compare
                • Residential Tenancies Act 1978–1981 s 7A (SA)