Planning for your winter holiday? Landlords, don't forget this one crucial step
As you plan your escape to warmer shores this winter, don’t forget what the Residential Tenancies Act 1986 (RTA) requires of landlords heading overseas.
Under Section 16A of the RTA, if a landlord will be outside New Zealand for more than 21 consecutive days, they must appoint an agent in New Zealand to act on their behalf.
This is not optional. It’s the law - and failing to comply can be costly.
What happens if you don’t appoint an agent?
A landlord who fails to appoint an agent commits an unlawful act and may face:
- Exemplary damages of up to $1,500 payable to the tenant – yes, tenants can and do report this. An infringement offence, which can result in a fine or infringement fee between $500 and $3,000.
- So, if you were hoping to relax without your phone buzzing with tenant issues while you sip cocktails in Bali - but you haven’t appointed someone officially - you’re risking more than just a sunburn.
What does an agent actually have to do?
Before you ask a friend, flat mate, or distant cousin to “just keep an eye on the place,” here’s a reality check:
An agent appointed under Section 16A has all the rights and obligations of the landlord.
That includes:
- Receiving and responding to maintenance requests
- Dealing with rent arrears and compliance issues
- Representing you in any disputes or Tenancy Tribunal matters
- Handling inspections or urgent repairs
- Accepting notices and being the official contact point for your tenant and the Bond Centre
- Updating the tenancy bond record with their details
- Switching it back when you return
This is not a ceremonial title - it comes with full legal accountability.
So, if someone’s reluctant to take that on, it’s worth listening. It may be time to reconsider whether a professional property manager is a smarter option, particularly when the stakes are high.
Already with Harcourts?
Good news: if you’re already working with a Harcourts property manager, you’re covered! We are your appointed agent and meet all obligations under the RTA. No extra action is needed.
Got DIY landlord friends?
Give them a heads-up before they head off. A quick conversation could save them thousands of dollars in fines, or a Tribunal appearance they weren’t expecting.
