Latest Changes to the Residential Tenancies Amendment Act
Changes to the Act have been introduced through the Residential Tenancies Amendment Act 2024 that was passed on 17 December 2024.
TENANCY TERMINATIONS- These provisions took effect January 30th 2025
Periodic tenancies:
Landlords can terminate a periodic tenancy with ‘no cause’ by providing 90 days’ notice.
Landlords can end a periodic tenancy with 42 days’ notice if:
* the owner requires the premises for their principal place of residence or for one of their family members within 90 days of the tenancy ending and will remain living in the home for at least 90 days
* there is an unconditional agreement for the sale of the premises that requires vacant possession
* the property is required for occupation by employees or contractors of the landlord or by contractors. The property must usually be used or obtained for this purpose and this must be stated in the current tenancy agreement.
Tenants can end their periodic tenancy with 21 days’ notice.
Note: If a termination notice was issued prior to the commencement date by either the landlord or tenant, that notice remains valid and cannot be replaced with a different notice period by that party.
For example, if a landlord has already given 63 days’ notice to end the tenancy on or before 29 January 2025, the landlord cannot change the notice period to 42 days on or after 30 January 2025.
Landlords cannot give notice to end a periodic tenancy in retaliation to the tenants exercising one of their rights. Doing so means the notice may be set aside and exemplary damages can be awarded against the landlord. Changes coming into effect on 30 January 2025 clarify that this also applies when Tenancy Services takes action and extends the time frame to 12 months for exemplary damages to be sought.
Fixed term tenancies:
It will be easier to have fixed term tenancies end on their expiry date. You still need to take action if you want the tenancy to end.
Fixed-term tenancies automatically become periodic tenancies unless:
* a landlord or tenant gives notice to end a fixed-term tenancy between 90 and 21 days before
the fixed term ends. No specific reason is required; or
* both tenant and landlord agree on an alternative.
If a tenancy started on or after 11 February 2021 and expires on or before 30 April 2025, the law before these changes will still apply. For fixed term tenancies that expire on or after 1 May 2025, the new law will apply.
Full details see the summary link below:
Technical changes to the Residential Tenancies Act 1986 (Take effect March 20th 2025)
A brief precis of some of the changes follows, and to view the full summary of changes see the link provided below.
Email Communication: Landlords and tenants can give notices and documents by an electronic address if it has been provided as an address for service in the tenancy agreement. A physical address for service will still need to be provided.
Smoking: The changes clarify that clauses in a tenancy agreement banning smoking (of smoked tobacco products) indoors, except for in outbuildings, are enforceable in the Tenancy Tribunal.
Tenancy Tribunal to decide matters without holding a hearing: If deemed appropriate after considering the application, the Tenancy Tribunal adjudicator can decide to conduct the proceeding based on the application and supporting documents without the need for parties to attend the hearing but will take into account the parties’ views.
Full summary of changes click here