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Property ManagementTenancy Formationlevel4MEDIUM

A landlord who manages her own rental is going overseas for six weeks. What does the Residential Tenancies Act 1986 require?

Correct Answer

A) Appoint an agent in New Zealand before leaving and give the tenant the agent's details.

Section 16A requires a landlord who will be out of New Zealand for longer than 21 consecutive days to appoint an agent in New Zealand before departing. The landlord must immediately tell the tenant the agent's name, contact address and address for service, and tell Tenancy Services if a bond is held. Failure is an unlawful act.

Answer Options
A
Appoint an agent in New Zealand before leaving and give the tenant the agent's details.
B
Nothing, since landlords may be contacted by email while overseas.
C
Appoint an agent only if the absence will be longer than 90 days.
D
Ask the tenant to hold the keys and deal with any repairs that arise.

Why This Is the Correct Answer

Section 16A requires a New Zealand agent for absences over 21 consecutive days.

Why the Other Options Are Wrong

Option B: Nothing, since landlords may be contacted by email while overseas.

Section 16A requires an agent if the landlord is out of New Zealand for more than 21 days.

Option C: Appoint an agent only if the absence will be longer than 90 days.

The trigger is more than 21 consecutive days, not 90.

Option D: Ask the tenant to hold the keys and deal with any repairs that arise.

The landlord must appoint an agent; the tenant cannot be made to stand in.

Background Knowledge for Property Management

Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html

Exam Tip for Property Management

Away more than 21 days: appoint a New Zealand agent first.

Common Mistakes to Avoid on Property Management Questions

  • โ€ขAssuming remote contact removes the need for an agent.
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