Recent Tenancy Law Changes and the Healthy Homes Deadline
Recent Tenancy Law Changes
New Zealand’s tenancy laws continue to evolve to ensure fair and safe rental arrangements for both landlords and tenants. As a landlord, it is crucial to stay updated on these changes to meet your legal obligations and maintain positive relationships with tenants. As a tenant, understanding your rights will help ensure your home is safe, comfortable, and compliant with regulations. Here’s a breakdown of the key updates and how they may affect you.
Using Electronic Addresses for Notices and Documents
One significant change is the ability for landlords to issue notices and other tenancy-related documents electronically, provided that tenants have included an electronic address in the tenancy agreement as an address for service.
What Counts as an Electronic Address?
An email address
A fax number
A mobile telephone number
An instant messaging account
Practical Example
If you’re a landlord managing multiple properties, emailing a notice to your tenant about an upcoming inspection can be faster and more reliable than mailing a physical letter. Likewise, tenants who prefer digital communication can receive important updates promptly, reducing misunderstandings.
Furthermore, if a landlord applies for mediation or submits a case to the Tenancy Tribunal, the tenant’s email address (if listed as an address for service) can continue to be used for up to two years after the tenancy ends.
Smoking Bans in Rental Properties
From 20 March 2025, landlords will have the right to include a no-smoking policy inside rental properties as part of the tenancy agreement. The Tenancy Tribunal will be able to enforce this ban if a tenant breaches it.
Outdoor Smoking Restrictions
Landlords may also wish to restrict smoking in other areas of the property, such as balconies or garages. However, these restrictions must be balanced with a tenant’s right to quiet enjoyment of the property.
Practical Example
A landlord who owns a multi-unit building may choose to implement a smoke-free environment to protect tenants from second-hand smoke. If a tenant smokes inside despite the agreement, the landlord can take the matter to the Tenancy Tribunal for enforcement.
Attending Tenancy Tribunal Hearings
There’s good news for landlords and tenants dealing with disputes. If you apply to the Tenancy Tribunal, you may not need to attend a hearing in person. The Tribunal can make a ruling based on your application and supporting documents.
Exceptions
You must attend in person for cases involving:
Termination of a tenancy
A landlord’s right of entry to the premises
A landlord’s right of entry to a boarding room
Practical Example
A tenant disputes the deduction of a bond due to property damage. The Tribunal reviews the landlord’s evidence (photos and invoices for repairs) and makes a decision without requiring either party to appear in court, saving both time and stress.
Tenancy Services has more information for landlords on its website.
Healthy Homes Standards: Final Deadline Approaching
The Healthy Homes Standards were introduced to improve the quality of rental housing in New Zealand. These standards set minimum requirements for:
Heating (e.g., a fixed heating device capable of warming the main living area)
Insulation (ceiling and underfloor insulation)
Ventilation (functional windows and extractor fans)
Moisture ingress and drainage (e.g., gutters and drainage systems)
Draught stopping (sealing gaps to prevent unwanted draughts)
Final Compliance Deadline: 1 July 2025
If you are a private landlord, you must ensure that your rental properties comply with all Healthy Homes Standards by this date.
Don’t Wait – Act Now!
Waiting until the last minute could mean delays in getting work completed, as demand for inspections and improvements will be high. Start assessing your properties now to ensure they meet all standards on time.
Tools and Resources to Help You
Tenancy Services offers a range of resources to assist landlords, including:
Checklists to determine if upgrades are needed
Decision tools to guide you through compliance
Templates for including compliance statements in tenancy agreements
More details are available on the Tenancy Services website. Find out more on Tenancy Services website. Healthy homes standards – what a landlord needs to know(external link).
Consequences of Non-Compliance
If your property does not meet the Healthy Homes Standards by 1 July 2025, you could face financial penalties. Keeping your property compliant ensures tenant safety and avoids legal complications.
Practical Example
A landlord who owns an older rental property schedules an inspection and finds that additional insulation is needed. By acting early, they secure a contractor before demand spikes, ensuring compliance before the deadline.
Stay Informed and Compliant
These changes highlight the ongoing effort to create healthier, fairer rental conditions for all parties. Whether you are a landlord or a tenant, staying informed and proactive will help prevent disputes and ensure compliance with New Zealand’s evolving tenancy laws.
For more information, visit the Tenancy Services website or contact us at Ross Holmes Virtual Lawyers Limited for expert legal advice tailored to your needs.
