New Zealand Residential Tenancy Agreements 2026: RTA + Healthy Homes Complete Guide

Last verified: 2026-05-02 Author: MmowW Scrib🐮 — Document Preparation Service operated by a Gyoseishoshi (行政書士) office in Japan Primary sources: tenancy.govt.nz · legislation.govt.nz · hud.govt.nz · mbie.govt.nz

New Zealand’s residential tenancy law in 2026 has just been through one of its biggest decade-long reshapes. The Residential Tenancies Amendment Act 2024 received Royal Assent on 17 December 2024, reinstating the 90-day no-cause termination of periodic tenancies from 30 January 2025 and introducing a structured pet bond and pet consent regime from 1 December 2025. On top of that, 1 July 2025 marked the end of the transitional period for the Healthy Homes Standards — every private rental property must now comply with all five Standards on the first day of any new or renewed tenancy. For landlords, property managers, and tenants alike, the 2026 rulebook is materially different from what it was in 2023. This pillar guide walks through every requirement of the Residential Tenancies Act 1986 (No 120) as it stands today: what must be in a written tenancy agreement under s.13A, what bond is allowable under s.18 (and the new pet bond under s.49AA), how to lodge it correctly within the 23 working day window under s.19, the five Healthy Homes Standards and their R-values, the full notice landscape (90-day, 42-day, 21-day, fixed-term lapse, family violence), and the Tribunal pathway when things go wrong. By the end you will know exactly which clauses your written agreement needs, which fees you cannot legally charge, and which mistakes attract exemplary damages of up to NZ$7,200 per breach under Schedule 1A.

Quick Answer (TL;DR)

Every NZ residential tenancy agreement entered into or renewed since 1 December 2020 must be in writing under RTA 1986 s.13A, given to the tenant before the tenancy starts, signed by both parties, and contain a separately signed Healthy Homes Compliance Statement (s.13A(1B)) and an Insurance Information Statement (s.13A(1C)). The bond is capped at 4 weeks’ rent (s.18) plus, from 1 December 2025, an additional pet bond up to 2 weeks’ rent (s.49AA). The bond must be lodged digitally with Tenancy Services within 23 working days (s.19) — failure to do so is an unlawful act with exemplary damages up to NZ$1,000. Letting fees are absolutely prohibited (s.17). Rent in advance is capped at 2 weeks (s.23). Landlord notice to terminate a periodic tenancy is 90 days (no-cause, s.50A — reinstated 30 January 2025) or 42 days (sale or owner-occupation, s.51(2)). Tenant notice to terminate is 21 days (s.47, as reduced by the 2024 amendment). Fixed-term tenancies lapse to periodic on the end date unless either party gives 21–90 days’ notice beforehand (s.60A). Healthy Homes non-compliance attracts exemplary damages up to NZ$7,200 per Standard breached (Schedule 1A).

Table of Contents

1. Overview — what the RTA covers and what it doesn’t
2. Legal foundation — the 2024 amendments and what changed
3. Key decisions to make — Healthy Homes, pets, fixed vs periodic
4. Required documents and information
5. Step-by-step process — from listing to move-in
6. Costs and timeline
7. Common mistakes (Gyoseishoshi perspective)
8. After the tenancy starts — ongoing obligations
9. FAQ
10. Conclusion

1. Overview

Two government bodies administer residential tenancies in New Zealand:

The full Residential Tenancies Act 1986 is at https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html. The operational hub for landlords and tenants — including the bond lodgement portal, the heating assessment tool, and standard-form templates — is https://www.tenancy.govt.nz/.

This guide covers residential tenancies under the RTA 1986 — the agreement between a landlord and a tenant for the tenant’s occupation of premises as a place of residence (s.2). Out of scope for this pillar:

• Boarding house tenancies — a separate Part 2A regime with different rules
• Commercial leases — governed by the Property Law Act 2007, not the RTA
• Holiday lets — depending on facts, may be excluded under s.5
• Retirement villages — Retirement Villages Act 2003
• Crown / Kāinga Ora tenancies — special provisions apply

Within scope: standard private residential lets — single-property landlords, larger portfolios managed by property managers, body corporate-owned units in apartment buildings, terraced and detached houses, granny flats, and units in multi-unit dwellings.

1.1 Te reo Māori — whenua, whānau and tenancy

Whare (housing) on whenua Māori (Māori freehold land) may be subject to a tenancy under the RTA where the relationship is between landlord and tenant for residential occupation. Where the housing is subject to a Māori land trust or ahu whenua trust, additional rules under Te Ture Whenua Maori Act 1993 apply to dispositions of land — but not to the day-to-day tenancy. Operators should obtain specific information from Te Tumu Paeroa (the Māori Trustee) at https://www.tetumupaeroa.co.nz/ where land status is unclear.

2. Legal Foundation

2.1 The 2024 amendments — what changed

The Residential Tenancies Amendment Act 2024 made significant changes that operators must note:

Reference: https://www.tenancy.govt.nz/law-changes/

The key historical context: the Residential Tenancies Amendment Act 2020 had abolished no-cause periodic terminations entirely. The 2024 amendment reinstated them in a modified form (90-day notice now mandatory; 42 days for sale or owner-occupation). The pendulum has swung once and operators must read against the current law, not the 2020–2024 interim regime.

3. Key Decisions to Make

3.1 Healthy Homes compliance — the threshold question

Before you list the property, you need to be honest with yourself about whether it currently complies with all five Healthy Homes Standards (Residential Tenancies (Healthy Homes Standards) Regulations 2019):

From 1 July 2025 every private rental property must comply with all five Standards on the first day of any new or renewed tenancy. There is no longer a transitional period. Exemplary damages for non-compliance are up to NZ$7,200 per Standard breached (Schedule 1A) — and the Tribunal treats each unmet Standard as a separate breach, so a property failing on heating, insulation, and ventilation simultaneously could attract NZ$21,600 in exemplary damages alone, plus compensation for the period of non-compliance, plus a work order under s.78.

Reference: https://www.tenancy.govt.nz/healthy-homes/. The heating tool at https://www.tenancy.govt.nz/healthy-homes/heating-standard/ calculates the required heater capacity for your specific living room.

3.2 Periodic vs fixed-term

Periodic tenancies have no end date and run until terminated by notice. Fixed-term tenancies have a defined end date but, since the 2024 amendment, lapse to periodic on the end date unless either party gives notice between 21 and 90 days before the end date that the tenancy is to end (s.60A).

Practical guidance: most landlords now default to periodic. The 90-day no-cause notice provides a clean exit pathway, and fixed-term clutter is reduced. Fixed-term tenancies remain useful where there is a known life event — a 12-month sabbatical posting, a tenant moving for a defined contract — but the conversion to periodic at the end is now automatic unless paperwork is filed.

3.3 Pets — yes or no, and on what conditions

From 1 December 2025, the pet regime is now structured under ss.49AA–49AD:

A blanket “no pets policy” stated in the listing is no longer enforceable as a refusal in itself. Reasonable grounds include unit-title body corporate rules disallowing pets, the property being unsuitable for the type of pet (e.g. a large dog in a small high-rise apartment), or genuine welfare concerns.

4. Required Documents and Information

4.1 Written tenancy agreement — RTA 1986 s.13A

Section 13A of the RTA requires that a residential tenancy agreement must be in writing. The landlord must give the tenant a copy before the tenancy starts. The written agreement must contain (s.13A(1)):

• (a) The full names and contact details of the landlord and tenant
• (b) The address of the premises
• (c) The address for service of the landlord (and tenant if not the premises)
• (d) The date the agreement is signed
• (e) The date the tenancy is to start
• (f) Whether the tenancy is fixed-term or periodic, and if fixed-term, the date it ends
• (g) The bond (if any) and the manner of its lodgement
• (h) The amount of rent and how often, when, and how it is to be paid
• (i) A list of any chattels (e.g. fridge, oven, washing machine) provided
• (j) The Healthy Homes Standards compliance statement (s.13A(1B))
• (k) Insurance information statement (s.13A(1C))
• (l) Any rights or obligations agreed in addition to those in the Act

4.2 Healthy Homes Compliance Statement — s.13A(1B)

Every new or renewed tenancy agreement signed on or after 1 December 2020 must include a separately signed Healthy Homes Compliance Statement identifying:

• The current level of compliance with the Healthy Homes Standards (heating, insulation, ventilation, moisture ingress and drainage, draught stopping)
• Any work required to achieve compliance and the date by which it will be done

From 1 July 2025 every private rental property must comply on day one — the compliance statement is now a confirmation of compliance, not a roadmap to it.

4.3 Insurance Information Statement — s.13A(1C)

The agreement must state whether the landlord has insurance for the premises and, if so, the relevant excess. Tenants are liable for damage they cause intentionally or carelessly only up to the insurance excess (or 4 weeks’ rent if no insurance) — RTA s.49B (codifying the Holler v Osaki principle).

4.4 Bond — sections 18, 19

A bond is not mandatory but, if charged:

• Maximum: 4 weeks’ rent (s.18(1))
• Pet bond from 1 December 2025: additional up to 2 weeks’ rent (s.49AA)
• Must be lodged with Tenancy Services within 23 working days of receipt (s.19(1))
• Must be lodged digitally using an approved form (s.19(1A))

Reference: https://www.tenancy.govt.nz/rent-bond-and-bills/bond/lodging-a-bond/about-lodging-a-bond/

4.5 Document checklist (landlord)

5. Step-by-Step Process — From Listing to Move-In

Step 1 — Confirm Healthy Homes compliance

Before listing the property:

1. Audit the property against all 5 Healthy Homes Standards above
2. Obtain a Healthy Homes assessment report (recommended) for record-keeping and to populate the s.13A(1B) statement
3. If any work is needed (e.g. heat pump installation, insulation top-up), schedule it before tenant viewings — the property must comply on day one of the tenancy

Step 2 — Prepare the tenancy agreement

Use either the Residential Tenancy Agreement template published by Tenancy Services (https://www.tenancy.govt.nz/starting-a-tenancy/before-the-tenancy-starts/tenancy-agreements/) or a Scrib🐮-prepared agreement that satisfies s.13A. Include:

• Healthy Homes Compliance Statement (signed separately or as a schedule)
• Insurance Information Statement
• Inventory of chattels
• Pet provisions if any (and from 1 December 2025, pet consent and pet bond clauses)

Step 3 — Sign the agreement before the tenancy starts

Section 13A requires the landlord to give the tenant a written agreement before the tenancy starts. Both landlord and tenant (and any guarantor) must sign. Each party must keep a copy.

Step 4 — Receive bond and rent in advance

Maximum permitted at start of tenancy:

• Bond: 4 weeks’ rent (s.18)
• Pet bond from 1 December 2025: additional 2 weeks’ rent (s.49AA)
• Rent in advance: 2 weeks (s.23)
• No letting fees are permitted under any circumstances (s.17)

Step 5 — Lodge the bond within 23 working days

1. Log into Tenancy Services Bond Centre: https://www.tenancy.govt.nz/rent-bond-and-bills/bond/
2. Complete the digital Bond Lodgement Form
3. Submit and pay (the bond is held by Tenancy Services as stakeholder)

A receipt is automatically issued. Failure to lodge within 23 working days is an unlawful act under s.19(2) and may attract exemplary damages up to NZ$1,000 (Schedule 1A).

Step 6 — Conduct a pre-tenancy property condition inspection

Although not mandatory, a written and photographed property condition report at handover protects both parties. The Tenancy Tribunal commonly requires evidence of pre-tenancy condition when adjudicating bond disputes at the end of the tenancy.

Step 7 — Hand over the property

• Provide all keys (and any access codes)
• Confirm utilities transfer (electricity, gas, internet — tenant’s responsibility unless agreed otherwise)
• Confirm chattels are present per inventory

The tenancy starts on the date in the agreement. From that date the tenant has exclusive possession (s.38) subject to landlord’s right of entry on prescribed notice (s.48 — 48 hours’ notice for inspection, max once every 4 weeks; 24 hours’ notice for repairs; emergency entry without notice).

6. Costs and Timeline

6.1 Government / service fees (effective 2026)

6.2 Indicative timeline — periodic tenancy

6.3 Indicative timeline — termination

6.4 Termination — sections 47 to 60 (as amended 2024)

Tenant ending a periodic tenancy. Notice: 21 days written notice (s.47(1)).

Landlord ending a periodic tenancy. No-cause termination: 90 days’ written notice (s.50A — reinstated 30 January 2025). 42-day notice (s.51(2)) where: the owner or owner’s family member requires the premises as a principal residence within 90 days, and will live there for at least 90 days; or there is an unconditional sale agreement requiring vacant possession; or the premises are required for occupation by employees or contractors of the landlord.

Fixed-term tenancy. Lapses to periodic on the end date unless either party gives notice between 21 and 90 days before the end date that the tenancy is to end (s.60A).

Termination on grounds of breach. 14-day notice to remedy breach (s.55); application to Tenancy Tribunal for termination on serious or repeated breach (s.55A).

Family violence. Tenant suffering family violence may end a tenancy with 2 days’ written notice with qualifying evidence (s.56A — RTA Amendment Act 2020).

References: https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/ and the s.51 termination provisions at https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95514.html.

7. Common Mistakes (Gyoseishoshi Perspective)

8. After the Tenancy Starts — Ongoing Obligations

Landlord ongoing duties

• Maintain Healthy Homes compliance throughout the tenancy
• Respond to repair requests within reasonable time (s.45)
• Issue rent receipts on request (s.27)
• Give 48 hours’ notice for inspection (max once every 4 weeks) (s.48)
• Lodge any subsequent bond top-up within 23 working days (s.19)
• Comply with rent increase rules (s.24, s.24A — minimum 60 days’ notice and not more often than once in 12 months)

Tenant ongoing duties

• Pay rent in full and on time (s.40(2)(c))
• Keep premises reasonably clean and tidy (s.40(1)(c))
• Notify landlord of damage promptly (s.40(2)(a))
• Allow access on proper notice (s.48)
• Comply with pet conditions if applicable (ss.49AA–49AD)

End of tenancy

• Both parties sign Bond Refund Form for joint refund, OR
• Either party applies to Tribunal for adjudication of bond
• Tenancy Services holds bond pending agreement or Tribunal order

Tenancy Tribunal — Part 4 (ss.74–124)

The Tenancy Tribunal hears disputes up to NZ$100,000 (s.85, as amended). Common applications: bond disputes, termination on landlord application for breach, rent arrears, compensation for unlawful acts, Healthy Homes Standards non-compliance. Filing fee: NZ$20.44 + GST. Hearings are typically held at a District Court venue. Decisions are enforceable as a District Court judgment. Lawyers may appear only with leave of the Tribunal (s.95) — most parties self-represent.

9. FAQ

Q1. Why is the bond capped at 4 weeks? NZ policy treats the bond as security against damage and unpaid rent — not as a financial barrier to renting. The cap balances landlord protection with tenant access. Section 18 of the RTA 1986 fixes the limit at 4 weeks. The 2024 Amendment Act added a separate pet bond of up to 2 weeks’ rent — distinct from the standard bond — recognising the additional risk pets present.

Q2. Can I sign just a verbal agreement with my flatmate’s brother? No — section 13A makes a written agreement mandatory. Even informal sub-let or “flatting” arrangements that fall under the RTA require writing. Note: if you’re a flatmate sharing with the head tenant (not the landlord), you may be in a “flatting” arrangement outside the RTA — the rules differ.

Q3. Can the landlord just say “no pets” anymore? From 1 December 2025, no — section 49AC requires a written response within 21 days and refusal must be on reasonable grounds. Reasonable grounds include unit-title body corporate rules disallowing pets, the property being unsuitable for the type of pet, or genuine welfare concerns. A blanket “no pets policy” stated in the listing is no longer enforceable as a refusal in itself.

Q4. What happens if the property doesn’t meet the Healthy Homes Standards? Two consequences. First, exemplary damages up to NZ$7,200 per breach under Schedule 1A — each separate Standard not met is a separate breach. Second, the tenant may apply to the Tenancy Tribunal for work orders under s.78 requiring the landlord to bring the property into compliance, plus compensation for the period of non-compliance. From 1 July 2025 there is no transitional period — full compliance is required on day one of any new or renewed tenancy.

Q5. Can I increase rent every year? Once every 12 months, with at least 60 days’ written notice — section 24 plus section 24A. The 12 months runs from the commencement of the tenancy for the first increase, and from the date the last increase took effect thereafter. The notice is independent of the timing — you can serve a 60-day notice, but the increase still can’t take effect within the 12-month window.

Q6. What if the tenant pays the bond directly to the landlord but the landlord doesn’t lodge it? That’s an unlawful act under section 19. The tenant can apply to the Tenancy Tribunal for a work order requiring lodgement and for exemplary damages up to NZ$1,000 under Schedule 1A. The Tribunal also has power to direct payment of the bond directly to Tenancy Services. Tenants should always check that lodgement has occurred — Tenancy Services issues a receipt and tenants can verify online at https://bondcheck.tenancy.govt.nz/.

Q7. I’m selling my rental — do I have to give 90 days’ notice? No — under section 51(2)(d) you may give 42 days’ written notice if there is an unconditional agreement for the sale of the premises that requires vacant possession. The 42-day route is faster than the 90-day no-cause route, but you must hold an unconditional sale agreement at the time of serving notice. If the sale falls through and you re-let within 3 months, the tenant may seek exemplary damages.

Q8. What’s the difference between a fixed-term and periodic tenancy at the end? A fixed-term tenancy has a defined end date. Under section 60A (as amended in 2024), a fixed-term tenancy automatically converts to periodic on the end date unless either party gives written notice between 21 and 90 days before the end date that the tenancy is to end on that date. Periodic tenancies have no end date — they run until terminated by notice.

Q9. Family violence is happening — what are my options? Section 56A gives a tenant in a family violence situation the right to end the tenancy with 2 days’ written notice, supported by a qualifying evidence document (e.g. a Protection Order, certain professional declarations). The other co-tenants (if any) continue under the tenancy. The departing tenant has their share of the bond returned and is not liable for break-fee or further rent. Tenancy Services has a confidential support guide at https://www.tenancy.govt.nz/ending-a-tenancy/family-violence-and-tenancy/.

Q10. Does Scrib🐮 prepare the agreement and the bond lodgement form? Scrib🐮 prepares your tenancy agreement under s.13A — including the Healthy Homes Compliance Statement, Insurance Information Statement, chattels inventory, pet provisions if applicable, and any agreed additional terms. The bond lodgement is a personal step on the Tenancy Services portal that no third party can perform — Scrib🐮 walks you through it screen-by-screen in the submission guide, but you authenticate and submit yourself.

10. Conclusion

The 2026 NZ residential tenancy rulebook is the product of a decade of policy oscillation — abolishing no-cause notice in 2020, then reinstating it in modified form in 2024; introducing Healthy Homes Standards on a transitional schedule, then fully enforcing them from 1 July 2025; introducing a structured pet bond and consent regime from 1 December 2025. The result is a more procedurally exacting framework than at any time since the RTA was passed in 1986, but also a more predictable one: every notice has a defined statutory basis, every clause has a defined consequence for non-compliance, and the Tenancy Services and Tribunal infrastructure makes both compliance and dispute resolution accessible.

The single most expensive mistake a 2026 NZ landlord can make is to assume the rules haven’t changed. The second most expensive is to treat the written agreement as a formality — under s.13A it is the foundation document of the entire relationship, and an agreement missing the Healthy Homes Compliance Statement, Insurance Information Statement, or the s.13A(1) particulars is itself a breach. Get the documentation right at the start, lodge the bond inside the 23-working-day window, give the right notice on the right form for the right reason, and the rest of NZ tenancy law becomes routine.

For tenants, the same framework cuts the other way. The 21-day end-of-tenancy notice (s.47), the 12-month rent freeze on increases (s.24A), the 23-working-day bond lodgement check, the right to apply to the Tenancy Tribunal on a NZ$20.44 + GST filing fee — these are powerful protections that depend, again, on the written record. Both sides win when the agreement is right. Both sides have someone to call when it isn’t.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not New Zealand solicitors, barristers, attorneys, or licensed immigration advisers. Landlords and tenants are personally responsible for compliance with the Residential Tenancies Act 1986, the Healthy Homes Standards Regulations 2019, and all other applicable New Zealand law. Where the legal effect of a particular set of facts is uncertain, obtain advice from a New Zealand-qualified lawyer.

Sources

1. Tenancy Services hub — https://www.tenancy.govt.nz/
2. Tenancy law changes — https://www.tenancy.govt.nz/law-changes/
3. Healthy Homes Standards — https://www.tenancy.govt.nz/healthy-homes/
4. Heating standard tool — https://www.tenancy.govt.nz/healthy-homes/heating-standard/
5. Bond lodgement — https://www.tenancy.govt.nz/rent-bond-and-bills/bond/lodging-a-bond/about-lodging-a-bond/
6. Bond check — https://bondcheck.tenancy.govt.nz/
7. Rent increases — https://www.tenancy.govt.nz/rent-bond-and-bills/rent/increasing-rent/
8. Tenancy agreements (templates) — https://www.tenancy.govt.nz/starting-a-tenancy/before-the-tenancy-starts/tenancy-agreements/
9. Giving notice to end tenancy — https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/
10. Tenancy Tribunal — https://www.tenancy.govt.nz/disputes/tenancy-tribunal/
11. Family violence and tenancy — https://www.tenancy.govt.nz/ending-a-tenancy/family-violence-and-tenancy/
12. Residential Tenancies Act 1986 (consolidated) — https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM94278.html
13. RTA s.51 (termination by notice) — https://www.legislation.govt.nz/act/public/1986/0120/latest/DLM95514.html
14. Ministry of Housing and Urban Development — Healthy Homes — https://www.hud.govt.nz/our-work/healthy-homes-standards
15. HUD — Residential Tenancies Amendment Act 2024 — https://www.hud.govt.nz/our-work/residential-tenancies-amendment-act-2024
16. HUD — Tenancy terminations changes — https://www.hud.govt.nz/news/changes-to-the-residential-tenancies-act-tenancy-terminations
17. MBIE — Tenancy law information — https://www.mbie.govt.nz/business-and-employment/business/regulating-entities/

Last verified: 2026-05-02 · MmowW Scrib🐮 · Gyoseishoshi document preparation service