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126Q: Withdrawal or variation of enforceable undertaking
or “You can change or take back a promise you made to follow the rules, but only if the boss agrees.”
You could also call this:

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

If you agree to an enforceable undertaking, no one can take legal action against you for breaking the Residential Tenancies Act, its rules, or a tenancy agreement while that undertaking is in effect. This protection applies to both civil and criminal cases.

You can’t be taken to court for breaking the Act, its rules, or a tenancy agreement if you’ve made an enforceable undertaking about that issue and you’ve fully completed what you agreed to do.

The chief executive can accept an enforceable undertaking even if legal proceedings have already started. If this happens, the chief executive must try their best to stop the legal proceedings as soon as they can.

If you want to know more about enforceable undertakings, you can check out section 129 of the Act.

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Next up: 127: Residential Tenancies Trust Account

or “A special bank account that holds money from tenants' bonds and other rental payments”
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Part 4 Administration
Enforceable undertakings

126RProceedings for alleged contravention

  1. Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act, the regulations, or a tenancy agreement may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.

  2. No proceedings may be brought for a contravention or an alleged contravention of this Act, the regulations, or a tenancy agreement against a person who—

  3. has made an enforceable undertaking in relation to that contravention; and
    1. has completely discharged the enforceable undertaking.

      1. The chief executive may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.

      2. If the chief executive accepts an enforceable undertaking before the proceedings are completed, the chief executive must take all reasonable steps to have the proceedings discontinued as soon as practicable.

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