Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Preliminary matters

14: Minors

You could also call this:

“Rules about young people renting houses and what happens when they grow up”

If you’re 18 years old or older, or if you’re married or in a civil union (even if you’re younger than 18), you can make tenancy agreements and deal with any problems about them just like adults can.

If you turn 18 or get married or enter a civil union for the first time while you’re renting a place, your tenancy agreement becomes just as strong as if you were an adult when you first signed it.

If this happens to you, you have 10 working days after your 18th birthday or your marriage or civil union to ask the Tenancy Tribunal to free you from some or all of the things you agreed to in your tenancy agreement.

The Tenancy Tribunal can make decisions about tenancy agreements in the same way as the High Court or District Court can for other types of contracts.

Only the Tenancy Tribunal can make these kinds of decisions about tenancy agreements, unless the case is moved to the District Court or someone appeals the decision. In those cases, the District Court or a higher court might get involved.

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 It might be out of date or be missing some parts.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=DLM95032.

Topics:
Housing and property > Renting
Family and relationships > Marriage and partnerships
Crime and justice > Courts and legal help
Previous

13D: Exceptions to requirements relating to tenancy agreements, or

“Some agreements don't need to follow all the rules about how they should be written.”

Next

15: Notification of successor to landlord or tenant, or

“When the landlord or tenant changes, the new person must tell the other one about it”

Part 2 Tenancy agreements
Preliminary matters

14Minors

  1. A person who has attained the age of 18 years or who is or has been married or in a civil union under that age shall have the same capacity in respect of tenancy agreements, and in respect of the settlement of disputes arising in relation to tenancy agreements, as persons of full age have.

  2. Subject to subsection (3), where during a tenancy, the tenant attains the age of 18 years or marries or enters into a civil union for the first time under that age, the tenancy agreement shall thereafter have the same force and effect as it would have had if the tenant had been of full age at the time when the tenant entered into the agreement.

  3. In any case to which subsection (2) applies, the tenant may, within 10 working days after the date on which the tenant attains the age of 18 years or marries or enters into a civil union, apply to the Tribunal for an order relieving the tenant of all or any of the obligations imposed on the tenant by the agreement.

  4. Subject to subsections (1) and (2), the Tribunal shall have and may exercise, in respect of tenancy agreements, all the jurisdiction and powers conferred on the High Court or the District Court by subpart 6 of Part 2 of the Contract and Commercial Law Act 2017.

  5. Except where any proceedings are transferred to the District Court under section 83(2) or an appeal is brought under any of sections 117, 119, and 120, no court shall have jurisdiction under subpart 6 of Part 2 of the Contract and Commercial Law Act 2017 in respect of any tenancy agreement.

Notes
  • Section 14(1): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(2): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(3): amended, on , by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
  • Section 14(4): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 14(4): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 14(5): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
  • Section 14(5): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).