A landlord wants to stop tenants smoking cigarettes inside a rental house. Can the tenancy agreement do this?
Correct Answer
C) Yes; an agreement may ban smoking tobacco anywhere indoors.
Section 43AA, inserted from 20 March 2025, says a tenancy agreement may prohibit a tenant from smoking a smoked tobacco product in any indoor part of the premises. Outbuildings are not 'indoors'. Bans in other parts are allowed only if consistent with the parties' rights and obligations under the Act.
Why This Is the Correct Answer
Section 43AA allows tenancy agreements to ban indoor smoking.
Why the Other Options Are Wrong
Option A: No; a landlord cannot control lawful behaviour inside a tenant's home.
Section 43AA, in force from 20 March 2025, expressly allows an indoor smoking ban.
Option B: Yes, but only if the ban covers the whole section including outdoors.
Outdoor bans are allowed only where consistent with the Act; indoor bans are expressly allowed.
Option D: Only for a fixed-term tenancy that runs for 12 months or longer.
Section 43AA applies to any tenancy agreement, fixed-term or periodic.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Indoor smoking bans in tenancy agreements are expressly lawful.
Common Mistakes to Avoid on Property Management Questions
- •Believing a smoking ban is unenforceable in a residential tenancy.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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