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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 an order to set market rent lasts"

Illustration for Residential Tenancies Act 1986

You get an order from the Tribunal under section 25 to determine the market rent. This order lasts for one year for a periodic tenancy, or a shorter time if the Tribunal says so. For a fixed-term tenancy, the order lasts for the time the Tribunal specifies. You can ask the Tribunal to rehear your application if you are the landlord or tenant. The Tribunal can do this if the order was unfair or wrong because of fraud, misleading evidence, or new information. The Tribunal can also rehear the application if an error or omission caused an injustice. You can apply to the Tribunal at any time to rehear your application under section 25.

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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.

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Part 2Tenancy 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 1 year 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)
              Notes
              • Section 26(1)(a): amended, on , by section 17 of the Residential Tenancies Amendment Act 2024 (2024 No 52).