Residential Tenancies and Rent Issues
Insight
Renting a home involves rights and responsibilities for both tenants and landlords. Most issues arise around rent increases, unpaid rent, maintenance, bond disputes, or whether a tenancy has been ended lawfully. Understanding how the Residential Tenancies Act applies can help you avoid costly mistakes and resolve problems early.
People usually seek legal guidance when there is a disagreement about rent levels, overdue payments, property condition, access rights, or when a notice has been given that feels incorrect or unfair. This page outlines key considerations for common rent-related issues.
Understanding Rent Increases
Tip:
Tenants can request evidence of comparable market rents if they believe an increase is excessive.
Rent increases must follow the notice rules and frequency limits set out in the tenancy agreement and the Residential Tenancies Act. The notice must be in writing, must give adequate time, and must state the amount of the increase and the date it takes effect. If the notice is unclear, too short, or issued too frequently, the increase may not be valid.
Tenants can challenge unreasonable increases, particularly where they do not align with market conditions or where required notice has not been given. Landlords should document the basis for increases and follow correct process to avoid disputes.
Arrears and Unpaid Rent
Common pitfall:
Ignoring arrears notices. Once formal notices are issued, the consequences escalate quickly if no action is taken.
Rent arrears are one of the most common tenancy issues. If a tenant falls behind, the landlord may issue a notice requiring the arrears to be paid within a set timeframe. If the arrears continue, the landlord may apply to the Tenancy Tribunal for termination or repayment orders.
Tenants facing financial difficulty should seek help early — repayment plans or partial agreements can sometimes prevent tenancy termination. Landlords should keep accurate records of payments to avoid challenges at the Tribunal.
Property Condition & Maintenance
Landlords must ensure the property is reasonably clean, maintained, and compliant with healthy homes requirements. Tenants must keep the property reasonably tidy and report issues promptly. Disputes often arise when repairs are delayed or when there is disagreement over who is responsible for damage.
If maintenance delays affect the enjoyment or safety of the home, tenants may seek rent reductions or orders requiring work to be completed.
Ending a Tenancy
Notices to end a tenancy must follow strict rules. Both the content of the notice and the timeframe must be correct. If a notice does not comply, it may be invalid. Tenants can challenge incorrect notices, and landlords may need to reissue them.
Common issues include unclear grounds for termination, incorrect notice periods, or notices issued when the landlord does not meet the eligibility to rely on certain grounds.
Find Help With a Rent or Tenancy Issue
If you are dealing with unpaid rent, a proposed increase, maintenance concerns or a notice to end the tenancy, you can describe your situation in a short form. You’ll be matched with professionals who regularly deal with residential tenancy matters.
Need help with a rent or tenancy issue?
Explain what’s happening — overdue rent, notice to vacate, maintenance issues or a dispute — and get matched with a tenancy adviser.
Frequently Asked Questions
How often can rent be increased?
Rent can only be increased in line with the minimum notice rules and frequency allowed under the tenancy agreement and relevant legislation. Tenants must be given proper written notice, and increases cannot be made more often than the law permits.
What happens if a tenant falls behind on rent?
Landlords can issue a notice requiring overdue rent to be paid within a set period. If arrears continue, further steps may be taken, including applying to the Tenancy Tribunal. Tenants should act quickly — repayment plans or negotiations may be possible.
Can rent be reduced if the property is in poor condition?
Possibly. If the landlord has not met their maintenance obligations or the property becomes partially uninhabitable, a rent reduction may be appropriate. The Tenancy Tribunal can assess these situations where the parties cannot agree.
What if the landlord gives a notice to end the tenancy?
Notices must meet strict requirements to be valid. If the reason or timing is incorrect, the notice may be challengeable. You may be able to dispute the notice or request clarification before it takes effect.
Do tenants have to allow access for inspections?
Yes, but landlords must give proper notice and comply with access rules. Inspections must occur at reasonable times and in reasonable frequency. Tenants can challenge excessive or improperly notified entry.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help With a Tenancy or Rent Issue
Rent issues can escalate quickly if not handled correctly. A short explanation of the situation — missed payments, a proposed rent increase, maintenance concerns or a notice to end the tenancy — helps match you with professionals who regularly advise on tenancy matters.
This matching process helps you compare options and understand what steps to take next.