56BWithdrawal from tenancy following family violence

1. A tenant under a fixed-term or periodic tenancy may withdraw from the tenancy by giving at least 2 days’ notice to the landlord if—

2. the notice is accompanied by qualifying evidence that the tenant has been a victim of family violence while a tenant of the premises; and
3. the notice is in the approved form and includes the prescribed information.

4. If there are no other tenants under the tenancy at the time of the withdrawal, the tenancy terminates.

5. If there are other tenants (remaining tenants) under the tenancy at the time of the withdrawal,—

6. the tenant withdrawing from the tenancy (the withdrawing tenant) ceases to be responsible to the landlord for obligations under the tenancy agreement and this Act, except in respect of any liability for anything done or omitted to be done before the withdrawal; and
7. the tenancy continues in relation to the remaining tenants only; and
8. the withdrawing tenant must give each remaining tenant notice of the withdrawal no later than the close of the day that is 2 days after the date of the withdrawal; and
9. the amount of rent for which the remaining tenants are liable is reduced as set out in subsection (5) (unless subsection (6) applies).

10. A failure to comply with subsection (3)(c) does not affect the validity of the withdrawal.

11. For the period of 2 weeks beginning with the day after the date of the withdrawal, the rent payable for the premises is reduced to an amount calculated in accordance with the following formula:

    $a\; =\; b\; ÷\; c\; \times \; d$

    Where:

    • a a

      is the rent payable for the 2-week period

    • b b

      is the rent that would otherwise have been payable for the 2-week period

    • c c

      is the number of tenants immediately before the withdrawal

    • d d

      is the number of remaining tenants.

12. However, the amount of rent is not reduced under subsection (5) if—

13. the rent payable under the tenancy by the remaining tenants is income-related rent; or
14. the tenancy is a PACHMA tenancy prescribed, or of a class prescribed, for the purposes of this subsection; or
15. the tenancy, or the landlord under the tenancy, is prescribed, or of a class prescribed, for the purposes of this subsection.

16. Neither a rent reduction under subsection (5), nor the reinstatement from the end of the 2-week period of the rent previously payable, is a variation of the tenancy agreement for the purposes of sections 13B and 13C, and the reinstatement does not constitute a rent increase.

17. In this section,—

    family violence has the meaning given to it by section 9 of the Family Violence Act 2018

    income-related rent, Kāinga Ora housing, and social housing have the meanings given to them by section 2(1) of the Public and Community Housing Management Act 1992

    PACHMA tenancy means a tenancy that—

    1. was granted before 14 April 2014 and is a tenancy of Kāinga Ora housing; or
    2. was granted as a tenancy of social housing to a tenant assessed under the Public and Community Housing Management Act 1992 as eligible to be allocated social housing

    qualifying evidence means—

    1. a declaration in the approved form made by a person who is prescribed, or is of a class prescribed, for the purposes of this subsection; or
    2. evidence, in the approved form, of a prescribed type.

Notes

• Section 56B: inserted, on 11 August 2021, by section 39 of the Residential Tenancies Amendment Act 2020 (2020 No 59).