If your landlord has stopped returning calls, ignored a leaky roof for weeks, or let the mould spread without lifting a finger, you’re not alone. Under New Zealand’s Residential Tenancies Act 1986, tenants hold specific legal rights that many renters never realise they have — and landlords who ignore their obligations can face penalties of up to $7,200 per breach. Here’s what you actually need to know.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
Most tenants assume they have to put up with a bad landlord until the lease runs out. That’s not how the law works. The Residential Tenancies Act gives you a clear set of rights — from how much notice you need before a rent increase, to what happens when your home doesn’t meet basic heating and insulation standards. The trick is knowing which lever to pull and when.
If you’re dealing with a landlord who’s gone silent or refuses to fix things, the first step is understanding what they’re legally required to do. From there, you can decide whether a simple maintenance request letter will do the job, or whether you need to escalate through Tenancy Services.
The central concept here is the residential tenancy agreement — the legal contract between you and your landlord. It’s not just a piece of paper. It sets out obligations that both sides have to follow, and the Residential Tenancies Act fills in the gaps even if your agreement is silent on something.
What I tend to notice is that most renters only look up their rights after something goes wrong. By then, they’ve already paid a rent increase they didn’t have to accept, or let a landlord inspect the property every two weeks without realising that’s illegal. Knowing the rules beforehand changes the dynamic completely.
What happens when your landlord ignores the law
When a landlord stops responding or refuses to carry out repairs, the consequences aren’t just inconvenient — they can affect your health, your finances, and your legal standing. A landlord who breaches the Healthy Homes Standards, for example, isn’t just being difficult. They’re breaking the law, and the Tenancy Tribunal can order them to pay up to $7,200 for each standard they’ve failed to meet.
Take dampness and mould. If your rental has poor ventilation and no extractor fan in the bathroom, that’s a breach of the ventilation standard. If the insulation is missing or inadequate, that’s another breach. Each one carries its own penalty. The Tribunal can stack them.
Then there’s the question of rent. If your landlord gives you 30 days notice of a rent increase instead of the required 60, you don’t have to pay the higher amount. You can keep paying your current rent and take the issue to the Tenancy Tribunal. The same applies if they try to increase rent twice in a 12-month period — the second notice is automatically invalid.
What about when a landlord simply stops communicating? That’s a breach of their duty to maintain the property in a reasonable state of repair. If you’ve reported a broken oven or a leaking roof and they’ve gone silent, you can issue a 14-day notice to remedy. If they still don’t act, you can apply to the Tenancy Tribunal for a work order — which compels them to do the repair.
One thing that catches people out: you cannot stop paying rent just because your landlord hasn’t done repairs. That’s a breach of your own obligations under the Act, and it can be used against you in a Tribunal hearing. The correct path is to keep paying rent while pursuing the legal remedies available to you.
Common mistakes tenants make — and how to avoid them
Letting the landlord inspect too often
Landlords can only run routine inspections once every four weeks. They need to give at least 48 hours written notice, and the inspection must happen between 8am and 7pm. If your landlord is showing up every fortnight or giving you 24 hours notice, that’s an unlawful act. You can refuse entry and, if they persist, apply to the Tenancy Tribunal for exemplary damages of up to $2,000 for breach of quiet enjoyment.
Paying a letting fee without realising it’s illegal
Since 12 December 2018, letting fees charged to tenants have been unlawful in New Zealand. That includes admin fees, move-in fees, application fees, key fees, and any similar upfront charges. The only amounts a landlord can ask for upfront are rent in advance (up to two weeks for weekly rent, or one month for monthly rent) and a bond (up to four weeks’ rent). If a property manager tries to charge you a letting fee, you don’t have to pay it.
Accepting a rent increase without checking the dates
Your landlord can only increase rent once every 12 months per tenancy. They must give at least 60 days written notice. If you’ve had a rent increase in the last 12 months and another one arrives, it’s invalid. You don’t need to argue about it — just keep paying your current rent and notify Tenancy Services. The same applies if the notice period is shorter than 60 days.
Assuming your bond is gone for good
Your bond is held by Tenancy Services, not your landlord. When the tenancy ends, both parties sign a bond refund form, and Tenancy Services pays out within three to five working days. Your landlord cannot keep your bond for fair wear and tear — things like carpet flattening, paint fading, or small nail holes from hanging pictures. If they refuse to sign the refund form without a valid reason, you can apply directly to Tenancy Services for the bond to be released.
If you’re unsure about any of these situations, it’s worth getting a second opinion from someone who deals with landlord-tenant law regularly. A service like JustAnswer Landlord-Tenant Law lets you ask a qualified lawyer specific questions about your situation without committing to a full consultation.
How to take action when your landlord ignores you
Start with a written notice to remedy
Before you involve any third party, put your complaint in writing. A notice to remedy letter is a formal document that tells your landlord what’s wrong and gives them a deadline to fix it. You can send it by email or post. The standard deadline is 14 days for non-urgent repairs, but urgent issues — like a broken toilet or no hot water — need a shorter timeframe. Tenancy Services provides a 14-day notice template you can use.
Contact Tenancy Services for free mediation
If the notice to remedy doesn’t work, your next step is mediation through Tenancy Services. It’s free. A trained mediator helps you and your landlord reach an agreement. You don’t need a lawyer, and the session can be done over the phone. You can call them on 0800 TENANCY (0800 83 62 62) to get started. Before you call, it helps to have your tenancy agreement, any written correspondence, and photos of the issue ready.
Apply to the Tenancy Tribunal
If mediation fails, the Tenancy Tribunal can make a legally binding decision. You can apply for a work order (forcing the landlord to do repairs), exemplary damages (financial compensation for a breach), or a rent reduction if the property is uninhabitable. The application fee is usually around $20, and you can apply online through the Tenancy Services website. One catch: if you don’t have a signed tenancy agreement, you may need to use the Disputes Tribunal instead.
FastTrack Resolution for agreements already reached
If you and your landlord have already agreed on a solution — say, a repayment plan for rent arrears or a schedule for repairs — FastTrack Resolution can formalise it. The mediator confirms both sides understand the agreement, and the order is sent to the Tenancy Tribunal to be sealed as a legally binding court order. It’s quicker than a full Tribunal hearing and gives you enforceable terms.
For urgent repairs — like a burst pipe or a broken lock — you can arrange the repair yourself and seek reimbursement from your landlord. Keep the receipt and take photos. If the repair is genuinely urgent and the landlord is unreachable, the Tenancy Tribunal will usually order them to pay you back.
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| Step | What happens | Timeframe |
|---|---|---|
| Notice to remedy | Written letter or email with deadline to fix the issue | 14 days (non-urgent) |
| Mediation | Free session with Tenancy Services mediator | Usually within 2–3 weeks |
| Tenancy Tribunal | Legally binding decision on repairs, damages, or rent | 4–6 weeks from application |
| FastTrack Resolution | Seals an existing agreement as a court order | 1–2 weeks |
Frequently asked questions
Can my landlord enter the property without telling me? ▾
What if my landlord tries to increase rent twice in one year? ▾
Can I break my fixed-term lease early without penalty? ▾
My landlord won’t return my bond. What can I do? ▾
Does my rental have to meet the Healthy Homes Standards? ▾
Can I withhold rent if my landlord won’t do repairs? ▾
Your next move when the landlord won’t budge
The most important thing to understand is that the law is on your side — but only if you use it. A landlord who ignores you isn’t just being rude; they’re breaching a legal contract. The Residential Tenancies Act gives you clear tools to respond, from a simple notice to remedy all the way up to a Tribunal hearing with enforceable penalties.
Start with the written notice. If that doesn’t work, call Tenancy Services. The process is designed for tenants who don’t have legal training, and the mediation service is free. You don’t need to hire a lawyer to get a fair outcome.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Rental Bond Blues: Mastering the NZ Bond Refund Process.
Sources and Further Reading
Understanding Standard Lease Terms for Apartments in New Zealand — A breakdown of what your tenancy agreement actually says and what it means for your rights.
Dealing with Dampness and Mould: A NZ Renter’s Survival Guide — Practical steps for handling one of the most common rental health issues in New Zealand.
Tenancy Services (n.d.). Disputes and self-resolution. 🔗
Consumer Protection NZ (n.d.). Solving issues with your landlord or property manager. 🔗
Community Law (n.d.). Problems with your landlord: what you can do. 🔗
Consumer NZ (n.d.). Your rights when renting. 🔗
