Are You Accidentally Breaking the RTA? 5 Laws Hamilton Landlords Often Miss

Being a landlord in Hamilton isn’t just about collecting rent - it’s about understanding and following the Residential Tenancies Act (RTA). And while most landlords want to do the right thing, the law is detailed, ever-changing, and easy to get wrong unintentionally.

As Hamilton property managers, we’ve seen some common pitfalls over the years. Here are 5 rules that even experienced landlords often overlook - and how to avoid trouble.

1. Not Lodging the Bond Within 23 Working Days

It sounds basic, but it's one of the most common compliance breaches.

The law: All tenancy bonds must be lodged with Tenancy Services within 23 working days of receiving the money.

Common mistake: Forgetting to lodge the bond or assuming that it only applies if the full bond amount has been paid.

Tip: Even a part-payment of the bond must be lodged. You can top it up later. It’s safer to lodge it the moment you receive it - no matter the amount.

2. Charging More Than 4 Weeks’ Bond or 2 Weeks’ Rent in Advance

This one’s clear in the RTA but still trips up landlords.

The law: You can charge:

• A maximum of 4 weeks' rent as bond

• A maximum of 2 weeks’ rent in advance

Common mistake: Requesting a higher upfront payment to “secure” the tenancy, or confusing fixed-term arrangements with custom payment schedules.

Tip: Even if the tenant offers to pay more, you can’t legally accept it. Stick to the limits - it protects both parties.

3. Entering the Property Without Proper Notice

We get it - you want to check something or fix an issue quickly. But popping in without notice is a big no-no under the RTA.

The law: You must give at least:

• 48 hours’ notice for inspections

• 24 hours’ notice for repairs or maintenance

• Notice must be in writing (text or email is fine)

Common mistake: Thinking a casual agreement with the tenant (“yeah, pop by anytime”) is enough. It’s not legally binding unless formalised.

Tip: Always document the notice — and if it’s an emergency, you’re allowed to enter without notice, but the threshold for what qualifies is high.

4. Failing to Provide a Signed Tenancy Agreement Before Move-In

No paperwork? That’s risky business.

The law: A written tenancy agreement must be in place before the tenancy starts. It must include key details like rent, bond, term, and who’s responsible for things like lawns and gardens.

Common mistake: Allowing tenants to move in on verbal terms, especially when things are moving fast.

Tip: Use the standard Tenancy Services agreement template — it covers all the legal bases and is easy to fill out.

5. Non-Compliance with Healthy Homes Standards (Even If You Think You’re Compliant)

This is the biggest one we’re seeing in 2025.

The law: Since 1 July 2021 (for new tenancies) and 1 July 2025 (for all tenancies), landlords must meet the full Healthy Homes Standards — heating, insulation, ventilation, moisture, draughts, and drainage.

Common mistake: Assuming “near enough is good enough.” For example, using a heater that’s close to the required kilowatt output — but not quite.

Tip: Get a formal assessment done by someone who knows the law, not just building specs. The requirements are prescriptive and failing to comply can lead to hefty penalties.

Most landlords don’t break the law on purpose. But unintentional breaches can still lead to Tenancy Tribunal claims and penalties - and they damage your relationship with tenants.

If you're unsure about any of the above, feel free to get in touch — we're always happy to help fellow Hamilton landlords stay on the right side of the RTA.

Oliver Pearson

Manager and Property Investor for 20+ years

Oliver Pearson

Manager and Property Investor for 20+ years

Oliver Pearson began investing in property aged 21 and has since bought, developed and sold real estate in the UK, USA, South East Asia and New Zealand. After a career in banking he is now on the management team at Waikato Real Estate and has contributed to property articles for NZ Herald, Stuff and Property Investor Magazine.

Based in Raglan, Oliver's passions extend beyond property to surfing, hydrofoiling, and providing a taxi service for his children.