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Unenforceable clauses

29-Jun-2021 13:11:38

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Landlords cannot write clauses into tenancy agreements that conflict with the Residential Tenancies Act 1986.

The Tenancy Tribunal may consider such clauses to be unenforceable, meaning they have no effect and in some cases these clauses may amount to an unlawful act.

Generally, clauses likely to be unenforceable are clauses that:

  • Ask a tenant to do more than the Act requires
    them to do
  • Try to remove or reduce the tenant’s rights or
    give the landlord more rights, or
  • Evade the requirements of the Act.

The following are some examples of unenforceable clauses:

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Contracting to contravene or evade the provisions of this Act is an Unlawful Act and may attract exemplary damages of up to $1,800.00.

These articles were featured in Harcourts Property Management Focus, Issue 6 2021.

Topics: Property Management, Landlords, Tenants