As an Oxygen client, you're already in safe hands when it comes to meeting the legal requirements of the Residential Tenancies Act (RTA). But what about your friends or family who self-manage their rental and are heading overseas this winter?
They might not realise that under Section 16A of the RTA, if a landlord is going to be out of New Zealand for more than 21 consecutive days, they must appoint an agent based here to act on their behalf. This is not optional — it’s a legal requirement.
What’s at Risk If They Don’t?
A landlord who fails to appoint an agent commits an unlawful act, and it could cost them:
- Up to $1,500 in exemplary damages (payable to the tenant)
- Fines or infringement fees between $500 and $3,000
Yes — tenants can and do report it, and it’s taken seriously.
So if someone you know is planning to unwind in the Mediterranean without appointing an agent, they could be risking more than just a tan.
What Does the Agent Actually Do?
Appointing an agent isn’t just about having someone “keep an eye on things.” The agent takes on all the responsibilities of the landlord, including:
- Responding to maintenance and urgent repairs
- Handling rent arrears and compliance matters
- Representing the landlord at the Tenancy Tribunal if needed
- Being the official point of contact for the tenant and the Bond Centre
- Updating and managing bond records
- Switching the bond details back when the landlord returns
It’s a role with full legal accountability — and not one to hand over lightly.
Here’s How You Can Help
If you know someone managing their own rental, it’s worth giving them a friendly heads-up before they go. A quick chat could save them thousands in penalties — or a stressful Tribunal appearance they didn’t see coming.
And if they decide it’s time for professional support, we’re happy to help. Get in touch at [email protected] or visit www.oxygen.co.nz to learn more.
