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Residential Tenancies Act 1986

Tenancy agreements - Responsibility for damage

49D: Unlawful acts related to liability

You could also call this:

“It's not okay for landlords to make you pay or do more than you should for damage”

You should know that it’s against the law for a landlord to do certain things related to damage to the rental property. The landlord can’t ask you to pay more money for damage than what you’re responsible for under section 49B. They also can’t make you do more repair work than what you’re responsible for under that same section.

The landlord isn’t allowed to make an agreement with you that would make you pay more for damage or do more repair work than what section 49B says you’re responsible for. This is to protect you from being asked to pay or do more than what’s fair.

Remember, if a landlord tries to do any of these things, they’re breaking the law. It’s important to know your rights as a tenant so you can be treated fairly when it comes to dealing with damage to your rental home.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS245571.

Topics:

Housing and property > Renting

Crime and justice > Courts and legal help

49C: Landlord, not insurer, to benefit from tenant liability for careless damage, or

“ The landlord gets the money if the tenant accidentally damages the property, not the insurance company. ”

49E: Meaning of premises, or

“Premises means buildings and other places, including facilities”

Part 2 Tenancy agreements
Responsibility for damage

49DUnlawful acts related to liability

It is declared to be an unlawful act for a landlord—
to demand, request, or accept from the tenant—
1. payment of an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability in accordance with section 49B; or
2. the carrying out of any works to make good destruction of, or damage to, the premises the value of which exceeds the tenant’s liability in accordance with section 49B:
to propose to, or enter into with, the tenant an agreement under which the tenant is obligated—
1. to pay an amount related to destruction of, or damage to, the premises that exceeds the tenant’s liability under section 49B; or
2. to carry out any works to make good the destruction or damage if the value of the works exceeds the tenant’s liability under section 49B.

Notes

Section 49D: inserted, on 27 August 2019, by section 8 of the Residential Tenancies Amendment Act 2019 (2019 No 37).