Tenancy A-Z

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Tenancy agreements

There are three basic types of tenancy agreement recognised by the Residential Tenancies Act 1986. These are periodic tenancies, fixed-term tenancies, and service tenancies. These may be ordinary residential tenancies or boarding house tenancies. The type of agreement chosen should be clearly stated on the tenancy agreement, as the Act may treat them differently under various circumstances.

Fixed-term tenancies are for a specific length of time.

Periodic tenancies are ongoing tenancies of no fixed length that can be ended by giving notice.

Service tenancies are related to a contract of service between the landlord as employer and the tenant as employee, whether or not a separate tenancy agreement has been made in writing and whether or not rent is payable.

Tenancy agreements must be in writing but can still be enforced if they are verbal.

Any amendments or variations to tenancy agreements must be made and agreed to in writing by all parties to the tenancy agreement. Any additional clauses added to a tenancy agreement must be in accordance with the Residential Tenancies Act.

For detailed information about setting up, completing, amending or understanding tenancy agreements phone us on 0800 83 62 62.

Tenancy Tribunal

The Tenancy Tribunal is a Court set up to deal with unresolved problems between landlords and tenants. The person who makes a decision on the case is called an adjudicator. The adjudicator’s decision is binding on all parties. The outcome of a hearing results in an order being made telling the parties what should happen and when. The hearings are held in open Court and the orders become public record.

Before a case is heard by the Tribunal, Department of Building and Housing staff will attempt to mediate a solution between the landlord and tenant. Mediations are confidential and the mediator cannot discuss what happened at mediation with anyone except the landlord and tenant who were there, or with the Tribunal if requested to do so by an adjudicator.

To apply for an order of the Tenancy Tribunal, you need to complete an application form and pay a $20.44 fee.

The Tribunal can only consider what the orders you have applied for, please ensure the form is fully completed. The Department of Building and Housing can provide advice about the completion of the application form if needed.

See Sorting out renting problems for more information.

Tenancy Tribunal orders online

The Tenancy Tribunal orders online website publishes Tenancy Tribunal orders to help make information for landlords and tenants quick and easy to access so they can make better informed decisions before entering into a tenancy agreement.

Tenancy Tribunal orders are available at Tenancy Tribunal orders online

Only orders from February 2007 can be accessed and will stay on the website for 36 months after the order is made. Not all orders will be publicly available due to legal or technical reasons.

Termination following death of sole tenant

Provides for the termination of tenancies where a sole tenant dies. The tenancy terminates on the earliest of the following dates:

21 days after the personal representative of the tenant or a person who is the tenant’s next of kin gives the landlord written notice of the death of the tenant
21 days after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are subject of the tenancy agreement
On a date agreed in writing by the landlord with the personal representative of the tenant or with a person who is the next of kin
On a date determined by the Tenancy Tribunal on an application (which can be made without notice) by the landlord.

Trees, shrubs and hedges

Responsibility for the pruning and maintenance of trees, shrubs and hedges and the removal of any debris created in doing this is usually interpreted as the landlord’s responsibility. This is because the tenant is responsible for any damage they intentionally or carelessly cause to the landlord’s property, including facilities. Where a tenant does cause damage to or kills a tree, shrub or hedge, they may be liable for its replacement, or to compensate the landlord for the damage or loss.

Some trees and shrubs may require special care, skill or knowledge to be able to properly maintain them, which a tenant may not have. Other trees or shrubs may be protected species, or specimens of local or historical interest that cannot be removed.

If a tenant does wish to remove or prune a tree, shrub or hedge on the property they should first get the landlord’s written consent. The tenant would then usually be responsible for clearing away any debris created in the removal or pruning of the tree, shrub or hedge.

Unlawful acts

The Residential Tenancies Act was amended on 1 October 2010.

A number of actions have now been declared as unlawful.

Either a tenant or a landlord can be awarded exemplary damages in the Tenancy Tribunal.

For a full list of all unlawful acts and the exemplary damages that can be awarded please see the Residential Tenancies Amendment Act 2010

Vacant possession

The landlord must take all reasonable steps to ensure that, at the time of the start of the tenancy, there is no legal impediment to the tenant occupying the property for residential purposes. The tenant must have vacant possession of the property on the date the tenancy agreement says that they are entitled to occupy the property. The premises for this purpose does not include the facilities.

Waste

The HazMobile is a free service for householders wanting to dispose of unwanted hazardous materials safely. Coordinated by the Auckland Regional Council, the service is available in a number of regions around New Zealand.