Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Key money, bonds, and rents

24: Rent increases

You could also call this:

“Rules for landlords when they want to make the rent higher for people renting their houses”

Your landlord can increase your rent, but they must follow certain rules. They need to tell you in writing about the increase, saying how much the new rent will be and when you need to start paying it. They have to give you at least 60 days’ notice before the increase starts, or 28 days if you live in a boarding house.

Your rent can’t go up within the first 12 months of your tenancy starting. After that, it can only be increased once every 12 months. If you have a fixed-term tenancy, your landlord can only increase the rent if your agreement allows it, and they still have to follow these rules.

If the Tenancy Tribunal has made an order about your rent, your landlord can’t increase it to more than what the order says.

If your landlord makes a mistake when they tell you about a rent increase, they can fix it. They need to ask you if it’s okay, or get permission from the Tenancy Tribunal. The Tribunal will only agree if the mistake was an accident, your landlord tried to fix it quickly, and it wouldn’t be unfair to you.

When your landlord properly tells you about a rent increase, it changes your tenancy agreement, unless they decide not to go ahead with it.

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 It might be out of date or be missing some parts.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=DLM95057.

Topics:
Housing and property > Renting
Money and consumer rights > Consumer protection
Previous

23: Rent in advance, or

“Landlords can only ask for up to two weeks' rent ahead of time and can't make you pay before your current rent is used up.”

Next

24A: Expiry of temporary rent reduction, or

“When a temporary rent discount ends, the original rent comes back without counting as a rent increase.”

Part 2 Tenancy agreements
Key money, bonds, and rents

24Rent increases

  1. The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with:

  2. the landlord shall give the tenant notice in writing of the increase; and
    1. that notice shall specify the amount of the increased rent and the day upon which the increased rent shall become payable; and
      1. the day upon which the increased rent shall become payable shall be not less than 60 days (or, in the case of a boarding house tenancy, not less than 28 days) after the date on which that notice is given; and
        1. the rent must not be increased within 12 months after the date of the commencement of the tenancy; and
          1. the rent must not be increased within 12 months after the date on which the last increase took effect; and
              1. a landlord under a fixed-term tenancy—
                1. may not increase the rent during the term of the tenancy unless permitted by the provisions of the tenancy agreement to do so; and
                  1. may do so only in accordance with this section and any such provisions of the tenancy agreement; and
                  2. where the Tribunal has made an order under section 25 and that order is still in force, the rent shall not be increased to an amount in excess of the amount specified in the order.

                    1. The provisions referred to in subsection (1)(g) may take the form of the provisions set out in Schedule 1.

                    2. Repealed

                    3. A notice of an increase in rent lawfully given under this section shall, unless it is withdrawn by the landlord, have the effect of varying the tenancy agreement in accordance with the terms of the notice.

                    4. Where a landlord has given a notice to increase the rent and subsequently realises that, because of—

                    5. some error in calculating the day on which the increased rent is to become payable or in the manner in which that day is expressed in the notice; or
                      1. some delay in serving the notice,—
                          1. the day fixed in the notice for the increased rent to become payable is in contravention of subsection (1), the landlord may, with the agreement of the tenant or (failing such agreement) with the consent of the Tribunal, give to the tenant a further notice varying the original notice so as to bring the terms of the original notice into accord with the provisions of that subsection.

                        1. Every notice given under subsection (4) shall be in writing, specifying the amount of the increased rent and the day upon which the increased rent shall become payable.

                        2. The Tribunal shall not give its consent under subsection (4) unless it is satisfied—

                        3. that the error or the delay was inadvertent; and
                          1. that the landlord has sought to correct the matter as soon as practicable; and
                            1. that it would not be unfair to the tenant to allow the original notice to be varied in the manner proposed.

                              Notes
                              • Section 24: replaced, on , by section 12 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                              • Section 24(1)(c): amended, on , by section 19(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                              • Section 24(1)(d): replaced, on , by section 19(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                              • Section 24(1)(e): replaced, on , by section 19(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                              • Section 24(1)(f): repealed, on , by section 19(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
                              • Section 24(1)(g): replaced, on , by section 19(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                              • Section 24(1A): inserted, on , by section 19(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
                              • Section 24(2): repealed, on , by section 19(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).