Stay Informed | Technical Changes to the Residential Tenancies Act 1986

Tenancy Law Changes in 2025: Technical Updates to the Residential Tenancies Act 1986

In March 2025, there are several technical updates to the Residential Tenancies Act 1986 that will impact both landlords and tenants. These changes aim to modernize how tenancy agreements are managed and enforce rights for both parties. Below, we outline the key changes that property managers, landlords, and tenants should be aware of.

1. Modernizing Notice and Document Delivery

• Electronic Notices: Landlords and tenants can now send notices and documents through electronic means, provided an electronic address (email, fax, mobile phone number, or instant messaging) is listed in the tenancy agreement as an address for service.
• Physical Address Requirement: A physical address must still be provided for service, even if an electronic address is used for communication.

2. Smoking Policies and Enforcement

• Indoor Smoking Bans: The update clarifies that landlords can enforce clauses in tenancy agreements banning indoor smoking of tobacco products (except in outbuildings) through the Tenancy Tribunal.
• Additional Smoking Restrictions: To ban smoking in other areas, such as outbuildings, landlords must ensure the ban aligns with tenants' rights, including the right to quiet enjoyment of the property.

3. Using Email for Service Addresses

• Extended Use of Email: If an email address is provided as an address for service in a tenancy agreement, it remains valid for communication for up to two years after the tenancy ends.
• Landlord’s Rights to Use Email: If a tenant provides their email address in writing or uses it to communicate, the landlord can use that email address for Tenancy Tribunal applications for up to two years after the tenancy ends, even if more than two years have passed since the tenancy was terminated.

4. Decisions Without a Hearing

• Tribunal Process Update: In certain cases, the Tenancy Tribunal can now decide matters without holding a hearing. This will be based on the application and supporting documents, but the views of the parties involved will still be considered.
• Exceptions: Matters involving the termination of a tenancy, landlord’s right of entry, or boarding rooms will not be decided based on documents alone.

5. Withdrawing from Tenancy Due to Family Violence

• Extended Protection: Tenants, their children, or dependants experiencing family violence can withdraw from the tenancy with a two-day notice. They must provide qualifying evidence of family violence, but they will not face financial penalties or require the landlord's consent.
• Clarification of Dependants' Rights: This provision now specifically includes tenants' children and dependants under the protection of this right.

6. Service Tenancies Managed by the Ministry of Education

• Updated Definition: A service tenancy now includes tenancies granted by the Crown as part of a contract of service or a contract for services between a school board and its employees or contractors, especially on Crown land.

7. Jurisdictional Limit for the Tenancy Tribunal

• Increased Threshold for Multiple Tenancies: When the Tenancy Services Compliance and Investigations team applies to the Tenancy Tribunal on behalf of a landlord for multiple tenancies, the $100,000 threshold applies to each individual tenancy rather than the total sum for all applications.

These updates to the Residential Tenancies Act 1986 reflect a shift towards more modern, efficient, and equitable practices in property management and tenancy law.
As a Property Manager it is our job to stay informed about these changes will ensure that you remain compliant with the law and continue to provide a fair and transparent service for both landlords and tenants.

For more detailed information or personalized advice reach out to our professional and experienced staff at i-Rentals, Whangarei and Northland

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