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Residential Tenancies Act 1986

Tenancy agreements - Key money, bonds, and rents

26: Duration of order determining market rent

You could also call this:

“How long the decision about fair rent lasts and when it can be looked at again”

When the Tribunal makes an order about market rent, it lasts for different lengths of time depending on your tenancy type. If you have a periodic tenancy, the order usually lasts for 6 months, but the Tribunal can make it shorter. For a fixed-term tenancy, the Tribunal decides how long the order will last.

Sometimes, the Tribunal might need to look at the order again. This can happen if you or your landlord ask them to. The Tribunal will only do this if there’s a good reason. For example, if someone lied to get the order, if the Tribunal used wrong information to make their decision, if there’s new important information, or if the order caused an unfair situation because of a mistake.

If any of these things happen, you or your landlord can ask the Tribunal to look at the application about market rent again. They will then decide if they need to change their original order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95062.

Topics:
Housing and property > Renting
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25: Market rent, or

“You can ask for a fair rent if you think you're paying too much compared to similar homes in your area.”

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27: Rent in excess of market rent irrecoverable, or

“Landlords can't charge more rent than what's allowed, and must give back any extra money they collected.”

Part 2 Tenancy agreements
Key money, bonds, and rents

26Duration of order determining market rent

  1. Subject to the succeeding provisions of this section, every order made by the Tribunal under section 25 shall continue in force—

  2. in the case of a periodic tenancy, for a period of 6 months or such shorter period as the Tribunal may specify in the order; or
    1. in the case of a fixed-term tenancy, for such period as the Tribunal may specify in the order.

      1. The Tribunal may at any time, on the application of the landlord or the tenant, rehear any application made under section 25 if, in respect of any order made on that application, the Tribunal is satisfied that—

      2. the order was procured by fraud or other dishonest conduct; or
        1. the Tribunal, in making the order, took into account any misleading or irrelevant evidence; or
          1. new and material evidence is available; or
            1. by any error or omission, an injustice has been occasioned by the order.

              Compare
              • 1955 No 50 s 22
              • 1973 No 26 s 9
              • Residential Tenancies Act 1978–1981 s 36(4), (5) (SA)