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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

43: Disposition of landlord's interest

You could also call this:

“ When a landlord sells a house, they must tell the renter about the new owner and what happens next. ”

If your landlord sells the property you’re renting, there are some important things you need to know. Your landlord must tell you in writing about the sale and give you the new owner’s name and contact details. This includes their address, mobile phone number, and email address if the landlord knows them.

You don’t have to pay rent to the new owner until you get this notice. If you pay rent to your old landlord before getting the notice, the new owner can’t make you pay it again. After you get the notice, or from a later date mentioned in it, you’ll need to pay your rent to the new owner.

If you paid a bond, it will go to the new owner when they take over the property. However, if there’s a claim about the bond at the Tenancy Tribunal before the property changes hands, this might affect what happens to the bond.

The new owner still has to follow the rules about giving you their contact details, just like your old landlord did when you first started renting. This is explained in section 15 of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95093.

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Part 2 Tenancy agreements
Rights and obligations of parties

43Disposition of landlord's interest

  1. Where the landlord disposes of his or her interest in the premises to any other person (in this section referred to as the purchaser), the following provisions shall apply:

  2. the landlord shall give to the tenant written notice of the disposition, including the name and contact address of the purchaser so far as those particulars are known to the landlord:
    1. until that notice is received by the tenant, the tenant shall not be obliged to pay any rent to the purchaser, and shall not be liable to the purchaser in any proceedings in respect of any sum paid to the landlord on account of rent:
      1. from and after the date on which the tenant receives that notice, or such later date as may be specified in the notice, the tenant shall pay to the purchaser all sums due and payable by way of rent in respect of any period commencing after that date:
        1. subject to any lawful claim made to the Tribunal before the date of settlement, the landlord's interest in any bond paid by the tenant shall pass to the purchaser on the earlier of the date of settlement or the date of possession.

          1. The following must also be included in the notice under subsection (1)(a) if known to the landlord:

          2. the purchaser’s contact mobile telephone number (if any):
            1. the purchaser’s contact email address (if any).

              1. Nothing in subsection (1)(a) or (1A) shall absolve the purchaser from the obligation imposed on the purchaser by section 15.

              Notes
              • Section 43(1)(a): amended, on , by section 19(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
              • Section 43(1)(d): inserted, on , by section 19(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
              • Section 43(1A): inserted, on , by section 13(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
              • Section 43(2): amended, on , by section 13(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).
              • Section 43(2): amended, on , by section 19(3) of the Residential Tenancies Amendment Act 1996 (1996 No 7).