• A written tenancy agreement is required.
  • You are required to provide and maintain properties in a reasonable condition, and comply with all building, health and safety standards that apply to the premises. Working smoke alarms are compulsory.
  • Insulation statements are compulsory on all new tenancy agreements. Insultation will be legally required in all rental homes from 1 July 2019.
  • A bond should be equal to no more than the value of 4 weeks’ rent. You are required to issue a receipt for the bond. The payment, along with a Bond Lodgement Form, should be lodged with Tenancy Services within 23 working days after payment is made.
  • If you are leaving the country for more than 21 consecutive days, you must appoint a New Zealand-based person to manage your property.
  • Rent can be charged for a maximum of 2 weeks in advance.
  • If repairs are required, you must give tenants at least 24 hours’ notice before entering the property, and repairs should be done between 8am-7pm.

Commonly misunderstood area of the Residential Tenancies Act 1986.

Sec 12 (2) (a) Instruct any person to discriminate against any other person in contravention of the Human Rights Act 1993.

E.g. a person should not refuse to grant a tenancy to another on the grounds that it is intended that a child, race, religion etc should live on the premises.

Sec 23 (1) A Landlord shall not require the payment of any rent:

  • More than two weeks in advance; or
  • Before the expiry of the period for which rent has been paid already.

Sec 45 (1) The Landlord shall:

  • Provide the premises in a reasonable state of cleanliness; and
  • Provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and
  • Comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises.

Consideration must be given for the probable effect of reasonable wear and tear when the tenant vacates, as to whether the premises were in a reasonable condition when the tenant first took possession and the term of the tenancy.

Sec 48
(1) The Landlord shall not enter the premises during the currency of the tenancy agreements except with the consent of the tenant.
(2) The Landlord may enter the premises:
(a) In any case of emergency; or
(b) For the purpose of inspecting the premises. At any time between 8am and 7pm on a day specified in a notice given to the tenant not less that 48 hours before the intended entry and not more frequently than once in any period of 4 weeks; or
(c) For the purpose of carrying out necessary repairs or maintenance of the premises at any time between 8am and 7pm of any day, after giving the tenant notice of not less than 24 hours before the
intended entry.
(d) For the purpose of showing the premises to prospective tenants or to prospective purchasers. The Landlord may with the prior consent of the tenant (which shall not be unreasonably withheld).

Please note, if a tenant breaks their fixed term tenancy and vacates the property, they will be required to pay rent until a new tenant takes possession, or to the end of the tenancy, whichever occurs first, and cover the advertising and re-letting costs.

Mitigation of damage or Loss

Sec 49
Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach.

Sec 51 (1) A Landlord may give notice to terminate the tenancy as follows:

  • Where the Landlord requires the premises for occupation by the Landlord or by any member of the Landlord’s family, 42 days.
  • Where the Landlord has agreed to sell the premises and is required by that agreement to yield the premises to the purchaser with vacant possession, 42 days.
  • In any other case, 90 days.

Sec 51
(2) The minimum period of notice required to be given by a tenant to terminate a tenancy shall be 21 days in writing.

Sec 38
(1) The tenant is entitled to quiet enjoyment of the premises without interruption by the Landlord or any person claiming under the landlord or with superior title to that of the Landlord; and
(2) The Landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises; and
(3) Contravention of subsection (2) of this section in circumstances that amount to harassment of the tenant is hereby declared to be an unlawful act.

Sec 40
(1) The Tenant shall:

  • Pay the rent on time.
  • Use the premises principally for residential purpose.
  • Keep the premises reasonably clean and reasonably tidy.
  • Notify the Landlord as soon as possible of any damage to the premises or the need for any repairs.

Sec 40
(2) The Tenant shall not:

  • Intentionally or carelessly damage or permit any other person to damage the premises.
  • Use the premises or permit the premises to be used for any unlawful purpose.
  • Disturb the neighbours or the Landlord’s other tenants.