Residential Tenancies Act 1986 — Section 45

Landlord repair and maintenance obligations in New Zealand

Landlords are legally required to maintain rental properties in a reasonable state of repair. Here's exactly what the law requires — and what happens if they don't.

📋 Residential Tenancies Act 1986, Section 45 — In force as at 1 December 2025

The landlord's obligations (Section 45)

Reasonable state of repair

The landlord must provide and maintain the premises in a reasonable state of repair, taking into account the age and character of the property and the rent being paid. This applies throughout the tenancy — not just at the start.

Compliance with building and health laws

The landlord must ensure the premises comply with all requirements under any enactment relating to buildings, health, and safety. This includes the Building Act, Healthy Homes Standards, and local council bylaws.

Smoke alarms

The landlord must install and maintain working smoke alarms — at least one on each level of the property, within 3 metres of each bedroom door. In new builds, interconnected alarms are required throughout. Alarms must be tested and working at the start of each tenancy.

Services and utilities

The landlord must not interfere with the supply of any services to the premises — electricity, gas, water, internet — unless the tenant has agreed in writing, or the landlord needs to carry out urgent repairs.

What the tenant must do

Report damage promptly (Section 40)

Tenants must notify the landlord as soon as practicable of any damage to the premises. Failure to report known damage can affect the tenant's ability to claim the landlord failed to repair — and may make the tenant liable for worsening damage.

If the landlord won't repair

Step 1 — Written request

Send the landlord a written request specifying the repair needed and a reasonable timeframe to complete it. Keep a copy of everything.

Step 2 — Tenancy Tribunal

If the landlord fails to repair within a reasonable time, apply to the Tenancy Tribunal for an order requiring the repairs. The Tribunal can also award compensation for any losses the tenant suffered because of the disrepair.

Exemplary damages: Where a landlord knowingly fails to maintain the property in a reasonable state of repair, the Tribunal may award exemplary damages of up to $6,500 — in addition to ordering the repairs and any compensation.
Source: Residential Tenancies Act 1986, Section 45. Official text at legislation.govt.nz. This is general information, not legal advice.

Frequently asked questions

Who pays for repairs caused by the tenant?
The tenant is responsible for repairing damage they cause, beyond fair wear and tear. This includes damage caused by the tenant's family or guests. The landlord must still carry out the repair, but can claim the cost from the tenant's bond or via the Tribunal.
What is 'fair wear and tear'?
Fair wear and tear is the normal deterioration of a property through ordinary use over time. Examples include carpet wearing thin in high-traffic areas, paint fading, and minor scuffs on walls. Damage caused by negligence or misuse — like holes in walls or carpet burns — is not fair wear and tear.
Can the tenant arrange their own repairs and deduct from rent?
Only in very limited circumstances. The tenant must give the landlord notice, the landlord must have failed to repair within a reasonable time, and the repair cost cannot exceed a specific threshold set by regulation. Get legal advice before deducting from rent — doing so incorrectly can put you in breach of the tenancy agreement.
Is the landlord responsible for appliances like ovens and dishwashers?
If the appliances were provided as part of the tenancy, the landlord is generally responsible for maintaining them. If they break down through normal use, the landlord should repair or replace them. If the tenant causes the damage, the tenant is responsible.

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