Wairarapa Property Investors' Association

022 599 3861

wairarapa@nzpif.org.nz

Logo NZPIFRESIDENTIAL TENANCY
AGREEMENT

(Not suitable for Income Related Rental or Boarding House Tenancies) 
Landlords and tenants can get advice from Tenancy Services on 0800 TENANCY (836 262) or www.tenancy.govt.nz


Notes on how to complete this agreement:

  • This is a legally binding contract. 
  • This agreement must be completed in full and signed by the tenant and landlord. 
  • The landlord must provide the tenant with a copy of this agreement prior to the commencement of the tenancy. 
  • The contract may not be enforceable if the tenant is under 18 years. The Minors Contracts Act may apply. If so, the landlord can apply to the Tenancy Tribunal to approve the contract.
  • If unclear about any aspect that they are agreeing to, either party can seek independent legal advise or contact Tenancy Services. 
  •  If either party changes their mind after signing, but before the tenancy starts, they are still bound by the Residential Tenancies Act and its notification periods. 
  • Both parties must state a physical NZ address for service which can be the tenancy address or any other address. An additional address for service can be an email or PO Box. These are used for serving documents even after the tenancy has ended. 
  • A bond of up to four weeks rent is advisable. Bonds need to be forwarded to the Bond Centre within 23 working days of being received. A bond lodgement form is required but payment can be done online at www.tenancy.govt.nz.
  • If the property is a Unit Titles property, a copy of the most recent Body Corporate rules must be attached to this agreement. 
  • The rights and obligations set out in the Residential Tenancies Act 1986 (RTA) are implied in every residential tenancy agreement (see a brief outline of some key provisions of the RTA at the end of this agreement).
  • No terms or conditions added to this agreement are valid if they are contrary to the Residential Tenancies Act 1986. 
  • Landlords must include a signed statement with any new tenancy agreement that covers what insulation a property has in the ceilings, floors and walls, including where it is, what type and what condition. 
  • From 1 December 2020, most new or renewed tenancy agreements must include specific information about the landlord's current level of compliance with the healthy homes standards. 
  • Landlords must provide a statement to confirm they will comply, or already do comply, with the healthy homes standards. This statement can be combined with the healthy homes standards compliance statement, with one signature. 
  • Landlords must include a statement about whether the property is insured, and if so, what the excess is. If not already provided, they must also include a statement informing the tenant that a copy of their insurance policy is available on request. 
  • All rental properties must meet the requirements in regulations regarding insulation and smoke alarms. 
  • Before signing this agreement all parties should carefully read it and seek information from Tenancy Services if they are unclear about what they are agreeing to. 
  • If a bond is paid, a Bond Lodgement Form must also be completed. 
  • Parties to tenancy agreements are subject to the provisions of the Privacy Act 2020. Any information provided on this agreement shall not be used or disclosed, without consent, for any purpose other than the administration of the tenancy or to pursue legal action. 

Unlawful acts that your Tenant may not be aware of:

  • Abandoning the premises without reasonable excuse ($1,500)
  • Tenant failing to reinstate premises at end of tenancy following minor change ($1,500)
  • Tenant assigning tenancy without the landlord's written consent or when prohibited to do so $750)
  • Tenant subletting or parting with possession when prohibited to do so or without the landlord's written consent ($1,500)
  • Failing, without reasonable excuse, to quit premises upon termination ($1,500)
  • Interference with the means of escape from fire, including interfering with smoke alarms ($4,000)
  • Exceeding the maximum number of stipulated residents ($1,000)
  • Harassment of other tenants or neighbours ($3,000)
  • Using or permitting the premises to be used for unlawful purposes. ($1,800)
  • Tenant failing to allow landlord to enter upon premises in circumstances where landlord entitled to enter ($1,500)
 

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Summary of the Residential Tenancies Act 1986 (RTA)

1. Notice to terminate the tenancy

Fixed-term tenancies

Converts to periodic tenancy at the end of the fixed-term unless: 

  • the landlord gives written notice using one of the reasons listed in the Residential Tenancies Act for terminating a periodic tenancy with the same required notice period; or
  • the tenant gives written notice (no reason required) at least 28 days before the tenancy ends, of their intention to not continue with the tenancy; or
  • before the expiry, both landlord and tenant agree to extend, renew, or end the fixed-term tenancy. 

Periodic tenancies

  • Tenants must give at least 28 days' written notice without having to give a reason.
  • Tenants can end a tenancy with 2 days' notice if the property was unlawful at the start of the tenancy and is still unlawful.

The landlord may give 63 days' written notice, stating the reason for termination if: 

  • the premises are required as the principal place of residence for the owner or any member of that owner's family, and is to be lived in within 90 days after the termination date, for at least 90 days; or
  • the premises are sometimes used for employee/contractor accommodation, and this is stated in the tenancy agreement. 
  • The landlord may give 90 days' written notice, stating the reason for termination if: 
  • the owner intends to put the premises on the market within 90 days after the termination date. 
  • the property has been sold with vacant possession required.
  • the premises need to be vacant to facilitate the use of nearby land for a business activity (and this is stated in the tenancy agreement) 
  • the landlord wants to use the premises for commercial use for at least 90 days. 
  • the landlord intends to carry out extensive alterations within 90 days of the end date (or material steps taken) where it isn't reasonably practicable for the tenant to live there. 
  • the premises are to be demolished within 90 days of the termination date (or material steps taken). 
  • the landlord is not the property owner and the landlord's interest is due to end.

2. Rent

  • Landlords shall 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 shall not be increased within 12 months of the start of the tenancy or the last rent increase.
  • 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.

3. Bond

  • A bond is not compulsory, but can be up to 4 weeks' rent.
  • Bonds must be lodged 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.
  • 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.

    4. Rights of entry

    • the landlord shall enter the premises only:
    • with the tenant's consent at the time of entry
    • in an emergency
    • for repairs/ maintenance, 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, registered valuer or real estate agent doing an appraisal, or other expert engaged in appraising the premises. The tenant's consent may not be unreasonably withheld, but reasonable conditions may be imposed.

     

    5. Mitigation of loss

    If one party breaches the agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach.

    6. 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.
    • Install sufficient smoke alarms to comply with all requirements. 
    • Comply with all requirements regarding insulation, including a statement of what insulation is the property. Unless they meet one of the exceptions, all rental properties must have ceiling and underfloor insulation that meets the minimum standard
    • Pay any outgoings that would occur if the property was empty
    • 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.
    • Appoint an agent if leaving NZ for more than 21 consecutive days.

    7. 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.
    • Use the premises principally for residential purposes.
    • Pay all costs directly attributable to their occupancy, such as electricity, gas, telephone, and metered water charges.
    • Not interfere in any way with the operation of smoke alarms.
    • Not damage or permit damage to the premises, and to inform the landlord of any 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 chattels, keys etc supplied with the tenancy.
    • Not exceed any stated maximum number of occupants.

        8. Subletting and assignment

        If not expressly prohibited by the landlord, the tenant may sublet or assign with the landlord's prior written consent. Consent may not be unreasonably withheld unless subletting 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. Making changes to the property

        Landlords must consider all written requests from tenants for minor changes to the property within 21 days. Consent must not unreasonably be withheld, but reasonable conditions may be applied. 
        Tenant(s) must not make any changes without the prior written consent of the landlord and must return the property to substantially the same condition unless the landlord and tenant otherwise agree.

        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 landlord has given the tenant three seperate written notices for anti-social behaviour within any 90-day period.
        • 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 14 days' notice to remedy a breach.
        • The premises are unlawful residential premises.

        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. Unit Title Property

        The landlord must promptly notify the tenant of any variations to Body Corporate rules affecting the premises.