The Impact of the Residential Tenancies Amendment Act 2024
- May 6, 2025
- 3 min read
Picture this: a landlord strolls into our office, tie slightly askew, clutching a coffee-stained lease agreement. “I’ve got tenants with a dog named Koko,” he groans, “and I want them out. No reason, just don’t like it.”
Welcome to New Zealand’s Residential Tenancies Amendment Act 2024 — a legislative glow-up to the Residential Tenancies Act 1986 (RTA) that’s got landlords and tenants alike scratching their heads (or, in Koko’s case, behind the ears). Passed on December 17, 2024, this Act has shuffled the deck on rental rules, and we’re here to break it down with a scenario that’s equal parts informative and interesting.
The Scenario: Koko Moves In, Landlord Wants Out
Meet Landlord Michael. He owns a tidy little rental in Mt Eden, Auckland. New tenants, Kevin, Karen and their scruffy Terrier, Koko, prepare to sign the lease. During the negotiations, they ask Michael if Koko can join the party. Under the old rules, Michael could’ve just said, “No pets, no dice,” and called it a day. But the Amendment Act’s pet provisions—pending an Order in Council but assumed active for this article—say otherwise. Now, Michael has to consider the request and can only refuse if he’s got a reasonable excuse, like the house being a shoebox or Koko having a rap sheet for chewing through walls.[1]
Michael agrees, but he also knows about his rights under the new Act. In his consent, he slaps on a condition requiring the carpets in the premises to be cleaned to a professional standard at the end of the tenancy and a pet bond.[2] The two weeks’ rent pet bond will cover any Koko-related chaos.[3] And so the new tenants move in.
But here’s the twist: three months later, Michael’s had enough. Why? He swears it’s because he’s “just not feeling like it anymore”—no family members moving in, no sale, just a vague impulse to reclaim his house. Pre-2024, he would have been stuck: the 2020 reforms killed off no-cause terminations, forcing landlords to justify evictions to the Tenancy Tribunal with reasons like unpaid rent or turning the place into a meth lab.[4] Now, thanks to the Amendment Act, Michael can dust off the old 90-day no-cause termination notice and send Kevin, Karen and Koko packing, no explanation needed.[5]
The Tenant Strikes Back: Retaliation Station
Kevin and Karen aren’t thrilled. They’ve caught wind of Michael muttering about Koko’s enthusiastic barking at the mailman and they reckon this “no-cause” notice more about vengeance.
The Amendment Act’s pet rules mean Kevin and Karen did have a right to request Koko’s residency. Suspicious that Michael’s notice came hot on the heels of their pet push, they march to the Tenancy Tribunal, claiming the termination’s retaliatory—an “unlawful act” under s 103A of the RTA 1986. They argue Michael’s punishing them for exercising their new pet rights, and they want the notice quashed plus exemplary damages to rub it in.
Kevin and Karen had been procrastinating though and only made their way to the Tribunal a month after receiving the termination notice. This exceeds the 28-days limit where the Tribunal could give the order declaring the notice is retaliatory, unlawful and cancelled. Fortunately, with the new law, Kevin and Karen may still apply for an order declaring the notice was retaliatory and unlawful.
Advice for Michael
So, we break it down for Michael:
Pet Rights: Koko’s could stay if Michael agreed, and he can’t refuse without cause.
No-Cause Termination: Michael can serve that 90-day notice, it has been the landlord’s right since February 2025. However, be careful that it is not in retaliation for the tenants enforcing their rights.
Tribunal Risk: If Kevin and Karen prove the real reason for the termination was Koko, the Tribunal may find the notice to be retaliatory. Even if they cannot request the notice be cancelled after 28 days, the Tribunal may still give an order declaring the notice to be retaliatory and an unlawful act.
Final Words
The Residential Tenancies Amendment Act 2024 is a mixed bag—landlords get more wiggle room, tenants get pet perks and everyone gets a headache figuring it out. Whether you’re a Landlord or a Tenant (or a Koko), drop by Compass Lawyers and we’ll help you untangle the mess.
[1] Residential Tenancies Amendment Act 2024, s 20.
[2] Section 20.
[3] Section 9.
[4] Residential Tenancies Act 1986, s 55.
[5] Section 51(1).
Disclaimer
Information on this site is for general information only and does not constitute legal advice. Please seek independent legal advice for your specific situation. Use of this site does not create a solicitor-client relationship.
