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Residential Tenancies Act 1986

Administration - Enforceable undertakings

126Q: Withdrawal or variation of enforceable undertaking

You could also call this:

“You can change or take back a promise you made to follow the rules, but only if the boss agrees.”

If you have given an enforceable undertaking, you can ask the chief executive to let you change or cancel it. The chief executive needs to agree in writing before you can do this.

You can change parts of the undertaking, but you can’t change it to cover a different breach of the Residential Tenancies Act, its regulations, or your tenancy agreement. This means you can’t use it to address a new issue that wasn’t part of the original undertaking.

Remember, an enforceable undertaking is a formal promise you make to fix a problem related to your tenancy. It’s a serious commitment, so think carefully before you ask to change or cancel it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS453526.

Topics:
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126P: Compliance with enforceable undertaking, or

“You must follow through on your promise to fix things, or you'll be breaking the law.”

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126R: Proceedings for alleged contravention, or

“This rule explains when you can't take someone to court if they've promised to fix a problem they caused”

Part 4 Administration
Enforceable undertakings

126QWithdrawal or variation of enforceable undertaking

  1. A person who has given an enforceable undertaking may at any time, with the written agreement of the chief executive,—

  2. withdraw the undertaking; or
    1. vary the undertaking.

      1. However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act, the regulations, or the tenancy agreement.

      Compare
      Notes
      • Section 126Q: inserted, on , by section 70 of the Residential Tenancies Amendment Act 2020 (2020 No 59).