Rental properties and tenants’ rights

Not Sure? Ask Us
with Catherine Fletcher

You are covered by tenancy law even if your rental is an illegal premises, advises the Citizens Advice Bureau.

Under the Residential Tenancies Amendment Act 2019, even if the place you are renting to live in is not a lawful residential premises, you will be protected by tenancy law.

An unlawful residential premises is one that does not meet the minimum standards for residential rentals.

Examples of unlawful residential premises include converted garages or sheds, buildings without the proper consents, commercial premises and premises that have been deemed unsafe and unsanitary by the local authority.

You have the same tenancy rights as tenants in legal premises.

You have the right to ask your landlord to comply with their responsibilities.

For example, your landlord must comply with rules relating to buildings and health and safety, smoke alarms, Healthy Homes Standards, bond lodgement, proper notices of rent increases and rules about terminating a tenancy.

Learn more about landlords' responsibilities.

You can apply to the Tenancy Tribunal to enforce your tenancy rights.

If your landlord will not comply with their obligations, you can apply to the Tenancy Tribunal.

The Tenancy Tribunal can make a range of orders, such as ordering the landlord to:

pay you money to compensate you for being non-compliant or

make the premises lawful.