Tenancy agreement
The first thing you should do is get a tenancy agreement, which is a contract between you and the landlord. It lists all the important things to know about your tenancy and sets out what you and your landlord agree to do.
The law says the landlord must give you a written tenancy agreement. If they don’t, you are still covered by the Residential Tenancies Act 1986.
Decide how long you want to live there
You will have to decide what sort of tenancy you want.
- A periodic tenancy is one that lasts until either the tenant says they want to leave, or the landlord asks the tenant to leave (this is called giving notice.)
- A fixed-term tenancy only lasts for a set amount of time, for example, six months. You cannot give notice to leave earlier. Don’t sign up for a fixed term unless you’re very sure you will be able to stay for that amount of time – it’s tough to get out of a fixed-term tenancy. A fixed term tenancy automatically becomes a periodic tenancy on expiry of the fixed term unless either party gives notice they do not want that to happen. This notice needs to be given no sooner than 90 days before the end of the tenancy and no later than 21 days before the end of the tenancy.
Read the agreement
Read the tenancy agreement through before you sign it. It cannot include anything that is not legal. If there is anything you are unsure of, get advice from your own adviser or the Department of Building and Housing before you sign.
Sign it
Only sign a tenancy agreement when you are sure you want the place. Every tenancy agreement must be in writing and signed by both you and the landlord, with a copy held by each of you.
Keep your copy in a safe place.
Get a copy of a tenancy agreement
Some questions and answers about tenancy agreements
Does everyone living in the place sign, or just one of us?
What’s an address for service?
What about pets?
Who is responsible for water charges?
Does everyone living in the place sign, or just one of us?
It’s up to you and the landlord. If one person signs, that person is legally responsible for the place. If more than one person signs then they are usually all responsible. This means that one of those people can be held responsible for the actions of any of the others. So if someone’s not paying rent, or if some damage is done, then any one or all of the tenants who signed could end up paying for it.
What’s an address for service?
An address for service is an address where important notices can be sent and you can be sure to receive it, even after you have moved out. You must provide a physical address, and you can also include a PO Box, fax or email address as an additional address for service. Put these addresses on the agreement and on the form you fill in with the landlord about your bond.
What about pets?
If you have pets, check with the landlord if it’s OK for the pets to live in the house or flat with you. Write what you agree in your tenancy agreement and follow it. (Check out the Renting With Pets booklet, available from SPCA Auckland – phone 09 256 7300, email info@spca.org.nz.)
Who is responsible for water charges?
A tenant is responsible for outgoings they actually consume or use. This includes the supply of water if the water supplier charges for water provided to the premises on the basis of consumption.