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Part 2Tenancy 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).