Residential Tenancies Amendment Act 2020

65 Section 123A amended (Documents to be retained by landlord and produced to chief executive if required)

(1)

Replace section 123A(1) with:

(1)

A landlord must retain the following documents (or copies of them) during, and for 12 months after the termination of, the tenancy:

(a)

the tenancy agreement and any variations or renewals of it:

(b)

any reports of inspections of the premises carried out by or for the landlord during the tenancy:

(c)

records of any building work for which a building consent is required, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work carried out at the premises by or for the landlord during the tenancy:

(d)

any reports or assessments by a professional tradesperson of work that is carried out or is required in relation to a premises that relates to the landlord’s compliance with section 45 or 66I:

(e)

the records or other documents that relate to the landlord’s compliance with the healthy homes standards and that are prescribed by regulations under section 138B(5):

(f)

any advertisement for the tenancy (including an advertisement from before the commencement of the tenancy):

(g)

any notices or correspondence between a landlord (or a person acting on the landlord’s behalf) and—

(i)

a tenant (or a person acting on the tenant’s behalf) in relation to the tenancy:

(ii)

a prospective tenant (or a person acting on the prospective tenant’s behalf) in relation to the tenancy.

(2)

In section 123A(2), replace “under subsection (1)(b) to (d)” with “under subsection (1)(b) to (g) or under section 30 (relating to rent and bond records)”.

(3)

Replace section 123A(4) with:

(4)

A landlord who receives a notice under subsection (2) must, within 10 working days of receiving the notice, produce the documents to the chief executive in the way specified in the notice.

(5)

A landlord who, without reasonable excuse, fails to comply with subsection (4)—

(a)

commits an unlawful act; and

(b)

commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

(6)

In this section,—

building consent and building work have the same meanings as in section 7 of the Building Act 2004

gasfitting has the same meaning as in section 5 of the Plumbers, Gasfitters, and Drainlayers Act 2006

prescribed electrical work has the same meaning as in section 2(1) of the Electricity Act 1992

professional tradesperson means a person whose occupation includes carrying out building work, prescribed electrical work, sanitary plumbing, gasfitting, or other maintenance or repair work

sanitary plumbing has the same meaning as in section 6 of the Plumbers, Gasfitters, and Drainlayers Act 2006.