Regulations published to support tenancy laws for victim/survivors
Fri 17 Mar 2023
Regulations were published in December 2022 that support the new tenancy laws designed to help victim/survivors.
Regulations for Tenancies Act changes that support victim/survivors
The Residential Tenancies Amendment Act (RTAA) 2020 includes changes that allow victims of family violence to end a tenancy early. This change came into effect on 11 August 2021.
Regulations to support this law change took effect on 29 December 2022. The regulations provide guidance for tenants and landlords on how to use the law.
The law allows a tenant who experiences family violence during their tenancy to withdraw from the tenancy by giving the landlord at least 2 days’ written notice without financial penalty or the need for agreement from the landlord.
Victim/survivors need to provide a withdrawal notice and evidence of family violence to the landlord. The regulations set out what information victim/survivors need to include in the withdrawal notice, what can be used as evidence of family violence, how to provide the information and what to do if there other tenants.
TenancyServices has information on their website about withdrawing from a tenancy following family violence. This includes forms and templates for withdrawal notice and evidence of family violence.
You can read the full text of the Residential Tenancies (Termination for Physical Assault by Tenant and Withdrawal Following Family Violence) Regulations 2022.
For more information about these changes, see the TenancyServices information on Residential Tenancies Amendment Act 2020 changes and the Ministry of Social Development information on Changes to the Residential Tenancies Act 1986 to protect victims/survivors of family violence (2020).
Family violence tenancy protections don't always cover flatmates, but they should, petition says, Stuff, 16.03.2023
Landlord Association Backs Easier Pathway For Family Violence Victims To Exit Tenancies, Press Release: Auckland Property Investors Association, Scoop, 01.12.2022