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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

44A: Recovery of expenses incurred by landlord

You could also call this:

“The landlord can get money back from the tenant for costs related to changing who lives in the house.”

When you agree to let someone else take over your tenancy, sublet your place, or end your tenancy early, your landlord might have some costs. The landlord can ask you to pay for these costs, but they need to be fair.

If your landlord wants you to pay for these costs, they must give you a list that shows each cost separately. This list is called an itemised account.

It’s against the law for your landlord to try to make you pay these costs without giving you the itemised account first. If they do this, they could get in trouble and might have to pay a fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451345.

Topics:
Housing and property > Renting
Money and consumer rights > Consumer protection
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“Rules about letting someone else use your rented home without the landlord's permission”

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Part 2 Tenancy agreements
Rights and obligations of parties

44ARecovery of expenses incurred by landlord

  1. A landlord who consents to an assignment under section 43B, to a subletting or parting with possession under section 44, or to termination of the tenancy in accordance with section 50(1)(d) is entitled to recover from the outgoing tenant any expenses reasonably incurred by the landlord in respect of the assignment, subletting, parting with possession, or termination.

  2. A landlord who seeks to recover expenses from a tenant in accordance with subsection (1) must first provide an itemised account of the expenses to the tenant.

  3. A landlord who takes any step to recover expenses referred to in subsection (1) without providing an itemised account of the expenses to the tenant—

  4. commits an unlawful act; and
    1. commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

      Notes
      • Section 44A: inserted, on , by section 26 of the Residential Tenancies Amendment Act 2020 (2020 No 59).