Residential Tenancies Act
In New Zealand, the Residential Tenancies Act covers the landlord-tenant relationship. It gives both landlords and tenants legal rights and obligations. The Act also provides a dispute resolution service by allowing for mediation, and hearings at the Tenancy Tribunal.
To read the Act you can:
An outline of the Act is printed on the back of the Department's tenancy agreement, and shown below. It sets out clearly the rights and obligations of tenants and landlords and explains in detail the conditions by which you can end the tenancy and how to do so. (Read it through carefully before you sign the agreement and keep your copy in a safe place.)
1. Agreement
Each party should keep a copy of this tenancy agreement. Changes in the particulars of either party must be notified to the other party within 10 working days.
2. Address for service
The address for service is an address in New Zealand where notices and other documents relating to the tenancy will be accepted by you, or on your behalf, even after the tenancy has ended. It is good if your address for service is different from your tenancy address. The address for service cannot be a post office box.
3. Rent
- Landlords must not require rent to be paid more than 2 weeks in advance, nor until rent already paid has been used up.
- 60 days’ written notice must be given for rent increases.
- Rent must not be increased within 180 days of the start of the tenancy or the last rent increase.
- Also, for rent to be increased in a fixed-term tenancy, it must be stated in the tenancy agreement.
- Receipts must be given immediately if rent is paid in cash.
4. Bond
- A bond is not compulsory, but a landlord may require a bond of up to 4 weeks’ rent.
- Bonds must be lodged with the Department of Building and Housing within 23 working days of being paid.
- Receipts must be given for bond payments.
- If the property is sold, the landlord’s rights with regard to the bond pass to the purchaser of the property.
- The bond covers any damage or loss to the landlord if the tenant’s obligations are not met, but does not cover fair wear and tear.
5. Landlord’s responsibilities
- Provide and maintain the premises in a reasonable condition.
- Allow the tenant quiet enjoyment of the premises.
- Comply with all building, health and safety standards that apply to the premises.
- Pay rates and any insurance taken out by the landlord. (Any insurance taken out by the landlord is unlikely to cover the tenant’s liability for damage.)
- Not seize the tenant’s goods for any reason.
- Inform the tenant if the property is on the market for sale.
- Not interfere with the supply of any services to the premises.
- If the landlord is in breach of these responsibilities, the tenant(s) can apply to the Tenancy Tribunal.
6. Tenant’s responsibilities
- Pay the rent on time.
- Keep the premises reasonably clean and tidy, and notify the landlord as soon as any repairs are needed. You may not withhold rent if you cannot get repairs done. Seek advice from Tenancy Services (0800 83 62 62).
- Use the premises principally for residential purposes.
- Pay electricity, gas and telephone charges.
- Pay for water supplied to the premises if:
(a) it is stated in the tenancy agreement that the tenant shall pay water charges
(b) the premises has its own water meter
(c) the water supplier charges for water on the basis of metered usage.
- Not damage or permit damage to the premises, and inform the landlord of any damage. (Any insurance taken out by the landlord is unlikely to cover the tenant’s liability for damage.)
- Not disturb the neighbours or the landlord’s other tenants.
- Not alter the premises without the landlord’s written consent.
- Not use the property for any unlawful purpose.
- Leave the property clean and tidy, and clear of rubbish and possessions at the end of the tenancy.
- At the end of the tenancy, leave all keys and such things with the landlord. Leave all chattels supplied with the tenancy.
- If a maximum number of occupants is stated in the tenancy agreement, not exceed that number.
7. Rights of entry
The landlord must enter the premises only:
- with the tenant’s consent at the time of entry
- in an emergency
- for repairs or maintenance, from 8 am to 7 pm, after 24 hours’ notice
- for an inspection of the property or work done by the tenant, from 8 am to 7 pm after 48 hours’ notice
- with the tenant’s prior consent, to show the premises to prospective tenants, purchasers or a registered valuer. Consent may not be unreasonably withheld but reasonable conditions may be imposed.
8. Subletting and assignment
If not expressly prohibited by the landlord, the tenant may sublet or assign the tenancy with the landlord’s prior written consent. Consent may not be unreasonably withheld unless subletting is totally prohibited by this agreement.
9. Locks
Locks can only be changed with the agreement of both the tenant and the landlord. They should be provided and maintained in a secure state by the landlord.
10. Notice to terminate tenancy
(NB: This does not apply to fixed-term tenancies.)
- In all cases, the tenant must give the landlord 21 days’ notice in writing.
- The landlord may give 42 days’ notice in writing if:
(a) the landlord has an agreement to sell the premises with vacant possession, or
(b) the premises are required for occupation by the landlord or a member of the landlord’s family, or
(c) the premises are required for an employee of the landlord and this has been agreed at the start of the tenancy.
In other cases, the landlord must give 90 days’ notice in writing.
11. Termination by Tribunal
The landlord may apply to the Tenancy Tribunal for a termination order where:
- the rent is 21 days in arrears
- the tenant has caused or threatened to cause substantial damage to the premises
- the tenant has assaulted, or threatened to assault, the landlord, a member of the landlord’s family, or a neighbour
- the tenant has failed to comply with a 10-working-days notice to remedy a breach of the tenancy agreement or the Residential Tenancies Act.
A tenant may apply to the Tenancy Tribunal for a work order, compensation or to terminate the tenancy, if the landlord has breached the tenancy agreement or the Residential Tenancies
Act.
12. Mitigation of loss
If one party to the tenancy agreement breaches it, the other party must take all reasonable steps to limit the damage or loss arising from the breach.