Short Guide to Good Renting - Checklists for tenants and landlords
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Short Guide to Good Renting
Checklists for tenants and landlords
ƨInside
› Rights and responsibilities › Owning your rental home/s
› Getting started as a landlord › Keeping your rental home
› Preparing to rent as a tenant healthy and safe
› Completing the paperwork › The end of the tenancy
› Living in your rental home › If things go wrong
tenancy.govt.nzNearly 600,000 households rent in New Zealand, and it’s important that landlords and tenants understand and honour their rights and responsibilities. This introduction outlines those rights and responsibilities and provides checklists of questions you might want to ask at each stage of the renting cycle from getting started as a landlord, preparing to rent as a tenant, to ending a tenancy. We also tell you how to get help if things go wrong. Our ‘Renting and You’ guidebook provides more in-depth information about the provisions of the Residential Tenancies Act (the Act) and the rights and responsibilities of landlords and tenants. You can also go to our website tenancy.govt.nz for lots more useful support, including all the forms, agreements and sample letters you might need to protect yourself from problems relating to your tenancy. Recent changes to tenancy law aim to ensure the law appropriately balances the rights and responsibilities of tenants and landlords, and modernises the legislation to better respond to changing trends in the rental market. Both landlords and tenants need to be aware of their rights and responsibilities under the Residential Tenancies Act. Visit tenancy.govt.nz to find out more about what these changes mean for you. ISBN (print) 978-1-98-851762-9 ISBN (online) 978-1-98-851763-6
Contents Rights and responsibilities 4 Getting started as a landlord 5 Preparing to rent as a tenant 8 Completing the paperwork 11 Living in your rental home 13 Owning your rental home/s 15 Keeping your rental home healthy and safe 17 At the end of the tenancy 18 If things go wrong 20
SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Rights and responsibilities
When you enter a tenancy agreement you are entering into a contractual arrangement.
This gives both landlords and tenants important rights and also responsibilities.
ƨIn general, landlords are › Complying with relevant legislation,
responsible for: particularly the Residential Tenancies
› Signing a tenancy agreement and Act and healthy homes standards.
giving their tenants a copy before the › Keeping up to date with law
tenancy commences. changes (subscribe to Tenancy
› Sending any bond to Tenancy Services Matters e-newsletter at
within 23 working days of the bond tenancy.govt.nz/#subscribe).
being received from the tenant and ƨIn general, tenants are
giving the tenant a receipt for any responsible for:
payments made. › Signing a tenancy agreement.
› Collecting the rent and keeping › Paying rent in full and on time.
accurate rent and bond records.
› keeping the rental home reasonably
› Keeping copies of all documents clean and tidy.
relating to the tenancy as a record,
› Not interfering with the peace,
and to help clear up any issues that
comfort or privacy of the
may arise.
neighbourhood.
› Providing the home in a reasonable
› Contacting the landlord as soon as
state of cleanliness, and keeping the
possible whenever anything needs
home safe and in a reasonable state
to be serviced or repaired.
of repair.
› Allowing the landlord or their agent to
› Ensuring the rental property meets all
enter the home to carry out repairs,
legal requirements (such as building,
or to show the place to other possible
health, and safety requirements).
tenants when you are moving out.
› Providing everything promised as part
of the tenancy agreement (such as
Boarding houses are usually
any chattels or improvements).
properties intended to house at least
› Handling and paying for repairs when six tenants at a time with shared
something provided with the rental facilities such as kitchens and
breaks from normal wear and tear bathrooms. Rules for boarding house
(such as heating in the living room, tenancies differ from other residential
locks, extractor fans for ventilation, tenancies. See tenancy.govt.nz for
cooking facilities, washing facilities more information.
and smoke alarms).
4 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Getting started as a landlord
The key to getting the most out From 1 July 2021, private landlords
of your rental property is to be will need to make sure their rental
properties comply with these
business-like and professional.
standards within 90 days of any new
Remember you’re running a or renewed tenancy. Find out what
business, even if you have just you need to do to meet the healthy
one rental home. That means homes standards on the Tenancy
careful planning from the start. Services website (tenancy.govt.nz).
Go to the Tenancy Services website Insulation – All rental properties in
to download an information pack New Zealand must have ceiling and
designed for landlords new to the underfloor insulation where it is
residential housing market. reasonably practicable to install.
Required statements – Landlords
Prepare yourself and your rental must provide a separately signed
home – The better your property statement for all new, renewed or
looks, the more likely you’ll get good varied tenancies that they intend
tenants who will look after the place to, or already do, comply with the
carefully when they move in. Make healthy homes standards. Most new
sure maintenance and repairs are or renewed tenancy agreements
done before a tenancy begins. must also include a healthy homes
Lawful premises – Make sure your standards compliance statement,
property is lawful for residential which includes specific information
use before you rent it out. You need about the landlord’s current level
to comply with health and safety- of compliance.
related legislation that applies to Landlords must also provide an
buildings. There is more information insulation and insurance statement
about this at tenancy.govt.nz in all new tenancy agreements.
Healthy homes standards – Templates for these statements
The healthy homes standards set are available at tenancy.govt.nz.
minimum requirements for rental
Make sure you have the right
properties. The standards cover
insurance and you understand
heating, insulation, ventilation,
the requirements of your policy.
moisture ingress and drainage,
and draught stopping.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
5SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Landlords must state whether Gather all the forms you’ll need –
the property is insured in any new Copies of the pre-tenancy application
tenancy agreement, and if so, the form, tenancy agreement template,
excess amount. The statement bond lodgement form and
included should also inform the required statements are available
tenant that the insurance policy for at tenancy.govt.nz.
the property is available on their
Set up your system for keeping
request. You also have to tell tenants
records about the tenancy –
within a reasonable timeframe if this
Landlords are required to keep
information changes. A template is
rent and bond records for at least
available at tenancy.govt.nz.
seven years after the tax year to
Smoke alarms – Landlords must which they relate. Both landlords
ensure they have working smoke and tenants should keep copies of
alarms correctly installed in their all documentation relating to the
rental home/s. Go to the Tenancy rental home during the tenancy
Services website (tenancy.govt.nz) and for twelve months after the
to learn more about where smoke tenancy ends. These records include:
alarms must be placed, what type any advertisement or offer for the
of smoke alarms to use, when to tenancy, the tenancy agreement
replace smoke alarms and batteries and any variations or renewals of
and how to buy and install them. it, any property inspection reports,
Work out how much rent you water bills, invoices or reports for
should charge and have a separate any work carried out at the property
bank account ready for it. Tenancy such as maintenance or cleaning, and
Services has a useful online tool to copies of letters or emails sent to or
help you find out about market rents received from the other party.
for the properties in your area. Gather the contacts you’ll need
Advertise the property – Rental It’s good to know who to call when
properties can’t be advertised you need help. Having contacts
without a rental price listed, so set up in advance can save time
make sure you state the amount of and headaches. Useful contacts
rent in any advertisement or offer. include: tradespeople (for repairs),
Landlords can’t invite or encourage a local property investors
potential tenants to bid on the rent association (for networking
amount and pay more than what was with other landlords) and the
advertised or offered. Prospective Tenancy Matters e-newsletter for
tenants can still voluntarily offer to staying up to date with things
pay more than the stated amount you need to know (subscribe to
of rent and a landlord may accept Tenancy Matters e-newsletter at
this offer. tenancy.govt.nz/#subscribe).
6 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Choose the right tenants – You’ll Set up your system for keeping
want tenants who care for your records about the healthy homes
rental home and fulfil all their standards
obligations. More information about
Landlords must include a statement of
how to choose tenants is available
intent to comply with the healthy homes
at tenancy.govt.nz.
standards in any new, varied or renewed
Get the tenancy off to a good start tenancy agreement. The healthy homes
– Build a good relationship with your standards also require landlords to keep
tenant from the beginning. Doing records from 1 July 2019 that show
the property inspection together compliance with the standards. Examples
is a good time to talk about the of suitable records can include a Building
condition of your rental home and Code compliance certificate, records of
any future plans or improvements. calculations of a living room’s required
As an extra safeguard, make sure you heating capacity, certificate of
record the condition of the property acceptance, receipts from building
and any furniture or fittings included practitioners, invoices from building
in the tenancy with a digital camera. practitioners and/or other service
Make sure your tenant has your providers, receipts for any building
contact details and/or the contact materials, photographic evidence of
details of your letting agent so you compliance, records of work from
can stay in touch. building practitioners, a professional
Check the property complies evaluation performed by a relevant
with relevant health, safety and professional, or any other relevant
building-related requirements document or records that show
– These include the Building Act compliance.
2004 and the Building Code, Health
Act 1956, Housing Improvement
Regulations 1947 and by-laws made
under the Local Government Act
2002 which are set by individual
councils.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
7SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Preparing to rent as a tenant
Use this checklist to help you Please visit tenancy.govt.nz for
prepare before looking at places more information on giving the
required notice.
you might want to rent as your
What can you afford? Think about
home. The Tenancy Services
how much rent you can afford to
website has more useful hints and pay – 35% of your take-home pay
tips on choosing the rental home is the most that many people can
that’s best for you, your budget afford, but this depends on what
and your lifestyle. your other outgoings are. If you’re
having trouble paying rent or other
How long do you want the tenancy expenses you might be able to get
for? Periodic tenancies have no end financial help. There are several
date and last until either the landlord types of financial help available
or tenant gives the required written through Work and Income, Senior
notice to end the tenancy. Services, StudyLink and for people
Fixed-term tenancies last until on low incomes. Go to the Ministry of
the date specified in your tenancy Social Development’s website to find
agreement – at which time you out more.
can either extend the tenancy Where do you want to live? Decide
agreement, enter into a new tenancy which area you’d like to live in and
agreement, or you can give the how you are going to look for your
required written notice that you no rented home. The larger the area
longer wish to continue the tenancy. you’re prepared to consider, the
If neither party gives the required better the chance of finding the right
written notice the fixed-term home for you. To find out about the
tenancy will automatically become market rents in your area and for
periodic at the end of the term. more advice about choosing the
Landlords can’t end a periodic or right home, visit tenancy.govt.nz.
fixed-term tenancy without a reason Have your documents and
that is specified in the Residential references ready – Landlords and
Tenancies Act. The amount of written agents will want to confirm your
notice a landlord must give depends identity, and check your rental
on their reason for ending the references to be confident of
tenancy. your ability to meet your tenancy
commitments.
8 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Make sure letting fees aren’t being Who is responsible for bills such
asked for – These cannot be charged as electricity, gas, water, telephone,
to tenants. internet and cable connections.
Make sure the rental price is Landlord or tenant? Usually the
advertised – Rental properties can’t tenant pays for these.
be advertised without a rental price Insurance – Landlords must state
listed, so make sure the amount of whether the property is insured in
rent is stated in any advertisement any new tenancy agreement, and
or offer you see. Landlords can’t if so, the excess amount of any
invite or encourage you to bid on the relevant policies. The statement
rent amount or pay more than what should also inform the tenant that
is advertised or offered. You can, as a the insurance policy for the property
prospective tenant, voluntarily offer is available on their request.
to pay more than the stated amount Fixtures and fittings – Check that
of rent and the landlord may accept you’re happy with the whiteware and
this offer. any furnishings provided. After you
move in, you can ask the landlord for
When you’re talking with
permission to make minor changes
potential landlords or letting to the property and the landlord
agents ask about… can’t withhold consent. If a minor
When the flat is available? change is made, then on or before
Whether it’s warm and dry with the expiry of the tenancy, you must
plenty of sunshine and good make sure the property is returned
ventilation? Healthy homes reduce to a condition that is substantially
the likelihood of illness and increase the same as before the minor
the chances of good tenants staying change was made, unless you and
longer. Private landlords will need to the landlord enter into a different
meet new minimum requirements arrangement.
under the healthy homes standards The Tenancy Services website has
for new or renewed tenancies more information about what is
starting after 1 July 2021. considered a minor change and the
Pets and smoking – Are there any process to follow to make a request
rules about them, as well as for other to your landlord (tenancy.govt.nz).
things such as dealing with rubbish
and recycling?
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
9SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Smoke alarms can save your life and Insulation – Landlords must provide
are compulsory in all rental homes. a statement about whether there is
Check there is at least one working insulation and its location, type and
smoke alarm in each bedroom or condition – as part of a new tenancy
within three metres of each bedroom agreement. It’s fairly straightforward
door and at least one on each level of to check the insulation by looking
the home. There must be at least one into accessible roof and subfloor
working smoke alarm in any caravan, spaces – but ensure the mains
sleep-out or similar. power is switched off and be careful
not to touch any foil insulation or
exposed wires.
What’s the neighbourhood
like? How safe is the area?
Is car parking available?
Public transport nearby?
Who does the gardening
and lawns?
10 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Completing the paperwork
Both landlords and tenants need will make it easier to identify damage
to complete their paperwork and that occurred during the tenancy.
Many landlords use the property
keep records about the tenancy. inspection report that comes with
Make sure you have a written the Tenancy Services’ tenancy
tenancy agreement and read agreement.
it carefully to understand Agree an inventory of all the items
your respective rights and provided with the tenancy, especially
responsibilities. Many landlords use if they are not routinely included,
the agreement provided by Tenancy eg a fridge or clothes dryer. As an
Services. Tenants should complete extra safeguard, make sure that you
and sign the form after the landlord both take photos. This will make
has completed their statements. things easier if there is a dispute at
It’s up to the landlord and tenant the end of the tenancy. Once you’re
to decide if everyone living in the happy with the inventory, both the
home signs the tenancy agreement. landlord and the tenant should sign
If everyone signs, they are usually it and keep a copy.
all responsible. This means that if Agree the bond amount – A bond
one tenant doesn’t pay their share is money that a landlord can ask a
of the rent or damages the property, tenant to pay as security for their
the landlord can claim the money rent, care of the home and other
owed from any or all of the tenants, costs relating to the rental. Typically,
regardless of which tenant didn’t the amount of a bond is four weeks’
pay their rent or caused the damage. rent. Landlords that require a bond
Don’t let yourself be rushed into must lodge it with Tenancy Services
signing a legally binding document. within 23 working days of receiving
A good property inspection report it. At the end of the tenancy, the
can be very useful if you have bond money will be refunded to the
problems later on. If damage existed tenant, once the landlord is satisfied
at the start of a tenancy, a tenant the rent has been paid in full and
can’t be blamed for it when they there are no damage claims or other
move out. A report completed by outstanding costs.
both landlord and tenant at the start
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
11SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Remember to take meter readings
so you don’t inadvertently end up Written records are important
being responsible for the previous if you have a dispute
tenant’s bills. Monday, 1 February
Get the gas, electricity and phone Called property manager to tell
connected as well as other small- them the stove element wasn’t
but-important stuff like having working. Spoke to John Smith who
extra sets of keys cut, if needed, told me he’d mark it in his repairs/
and getting mail redirected. maintenance log.
Contact details – Both tenant and
Thursday, 4 February
landlord must have current contact
details for each other and the Still haven’t been contacted about
landlord’s agent (if any), including the stove element that needs
any mobile telephone number repairing. Called Tenancy Services
and email address – including to check on the process for repairs.
a telephone number to use in case The Ministry told me I could issue
of an emergency. It’s very important a notice to remedy.
that landlords and tenants let Friday, 5 February
each other know if their contact
Downloaded the notice to remedy
details change.
from the tenancy.govt.nz website,
Keep records – Landlords and filled it in and dropped it into the
tenants are required to keep copies property manager’s office at
of all documentation relating to the 2.45pm.
rental home during the tenancy and
for twelve months after the tenancy Monday, 8 February
ends. This includes documentation Property manager called to say
relating to the healthy homes he’s arranged for both him and a
standards. Landlords must also keep repairman to come round during
rent and bond records for seven the day to fix the stove element.
years after the tax year to which
they relate.
12 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Living in your rental home
Tenants must… We recommend you get your
landlord’s permission in writing
Pay the rent on time – If you
before making any changes. The
don’t, you could lose your home
Tenancy Services website has more
because you’ve broken your tenancy
detailed information about what is
agreement. If you run into problems,
considered a minor change and the
talk with your landlord right away
process to follow to make a request
to try and find a way to resolve
to your landlord (tenancy.govt.nz).
the issue.
Request to install fibre broadband
Look after the property – by
– You can request for fibre
keeping it clean and tidy. It’s
broadband to be installed, and the
worthwhile getting contents
landlord must agree, if it can be
insurance to cover your possessions,
installed at no cost to them, unless
because the landlord’s insurance
specific exemptions apply.
won’t cover your things.
If you make your request in writing,
Be considerate to neighbours –
your landlord must respond within
The landlord could have your tenancy
21 days. The Tenancy Service website
ended if you breach the peace,
has further information about
privacy or comfort of others in
exemptions (tenancy.govt.nz).
the neighbourhood.
Get permission for making any Also…
minor changes to the property – Make sure you know how to operate
You can ask the landlord to make the appliances and any facilities, turn
minor changes to the property and the water off and operate pumps,
the landlord can’t withhold consent, plus where the mains power switch
as long as you pay any costs and any meters are located.
associated with the change, and
Regularly test your smoke alarms –
make sure the property is returned
ideally once a month or as frequently
to substantially the same condition
as the manufacturer instructs. It’s
it was in before the minor change
against the law to damage, remove
(unless you and the landlord enter
or disconnect a smoke alarm – that
into a different arrangement).
includes removing the batteries,
unless you’re inspecting expiry dates
or replacing batteries.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
13SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Report any need for repairs to your The landlord may include reasonable
landlord. There will be a risk to your conditions to the consent. Landlords
bond if a minor repair you knew are allowed to recover reasonable
about turns into a major problem expenses they incurred during the
because you didn’t report it. assignment process, but must first
Be aware of the security features of provide the tenant with an itemised
your home – Make sure your home list of expenses.
has good locks. Test the windows to The landlord can also accept
make sure they close fully. a surrender of the tenancy on
Talk to the landlord if you want to reasonable terms.
assign your tenancy to someone You can find more detailed
else – If you need to move out of the information about assigning a
property, you can request to assign tenancy on the Tenancy Service
the tenancy to someone else and the website (tenancy.govt.nz).
landlord can’t decline unreasonably
(even if your tenancy agreement says
assignment is not allowed).
14 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Owning your rental home/s
Landlords must…
Maintain the structure and If you want to carry out an inspection
exterior and make sure the property or test for meth contamination, you
meets all building, health, and must give tenants at least 48 hours’
safety requirements at all times, notice. This should also be carried
particularly during any renovations. out between 8am and 7pm.
Deal with any problems with the Respect the peace, comfort and
water, electricity and gas supply. If privacy of their tenants (this
a tenant informs you of a problem is called quiet enjoyment) –
and you do nothing to resolve it, you Remember it is your tenant’s home.
may be responsible for the increased Although your tenant can’t refuse
cost of outgoings, or your tenant an inspection it’s a good idea for you
may seek exemplary damages if they to be flexible and willing to change
decide to make a claim through the the inspection time if needed. Your
Tenancy Tribunal. tenant doesn’t have to be present
Maintain any appliances and during inspections, but you should
furniture supplied as part of the ask if they wish to be.
tenancy and make sure they are Locks and security – Landlords must
safe. Don’t provide dated electrical provide locks or security devices
appliances unless you are certain for their properties. Landlords and
they are safe, and if in doubt get tenants may not remove or change
them inspected by an electrician or any locking device without the
replace them with a new appliance. consent of the other party.
Carry out repairs as soon as you can. Respond to tenant’s requests
Give proper notice of visits – to make minor changes to the
Landlords can’t walk in whenever property – If the change is minor,
they like. You must give your tenants give written permission within
at least 24 hours’ notice, or get their 21 days.
agreement, before coming around If the change is considered more
to do any repairs or maintenance or than minor and you need more
necessary work to comply with the time to think about it, give the
healthy homes standards. You must tenant written notice stating that
also do the work between the hours the 21 days will be extended by
of 8am and 7pm. a reasonable time.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
15SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Landlords can’t withhold consent, Also…
but can set reasonable conditions. Make sure your property can be
The tenant must pay the cost and well heated – Landlords don’t
return the property to substantially have to provide heating in every
the same condition it was in before room, but they do have to provide
the minor change, unless you and a qualifying heating for the main
the tenant enter into a different living room. Under the healthy
arrangement. homes standards, landlords will need
The Tenancy Services website to provide fixed qualifying heaters
has information about what is in the property that can directly
categorised as a minor change heat the main living room to at least
(tenancy.govt.nz). 18 degrees Celsius, and be capable
Agree to installation of fibre of maintaining this temperature all
broadband, unless specific year round. Some heaters will not
exemptions apply. Landlords must meet the requirements under the
respond to a tenant’s request in healthy homes standards. There
writing within 21 days of receiving is more information about the
the request and must take all heating standard on our website at
reasonable steps to facilitate the tenancy.govt.nz. These standards
installation within a reasonable will apply to new or renewed tenancy
time period. agreements from 1 July 2021.
The Tenancy Service website Inadequate ventilation can lead
has further information about to mould growth and dampness
exemptions (tenancy.govt.nz). Make sure your property can be kept
well aired as well as safe and secure.
Consider all requests to assign the
Under the healthy homes standards,
tenancy – Landlords must consider
landlords will need to make sure
all requests from tenants to assign
their properties have windows or
the tenancy and must not decline
doors in each habitable space that
unreasonably. Tenancy agreements
open to the outside. The size of the
can’t prohibit assignment of the
windows and doors together must
tenancy. Landlords can include
comprise at least 5% of the floor
reasonable conditions when giving
area of that space. An appropriately
consent for assignment that the
sized extraction fan or rangehood
tenant must meet. This may include
that vents to the outside will also be
charging the tenant for assignment
required in kitchens and bathrooms.
expenses.
These standards will apply to new or
renewed tenancy agreements from
1 July 2021.
16 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Keeping your rental home
healthy and safe
Healthy homes are warm, dry and Keep your home safe for peace
safe to live in. The introduction of mind – Landlords need to have
of the healthy homes standards working smoke alarms in all their
mean additional rights and rental homes. The New Zealand Fire
Service website provides a wealth
responsibilities for landlords and
of useful information about smoke
tenants living in rental homes. alarms and fire safety in general.
Go to the Tenancy Services website Make sure your home has good locks
for more detailed information and always be careful when it comes
(tenancy.govt.nz). to letting people you don’t know into
Keep your home warm for your home.
comfortable living – Good quality
insulation helps keep the heat Tips:
in during winter and out during › Learn how to use the ‘hush’ feature
summer. Ceiling and underfloor if there’s a false alarm in your
insulation is now compulsory in smoke detector. This can happen
rental homes, where it is reasonably with smoke from cooking or fumes,
practicable to install. or if dust gets into the alarm.
Keep your home dry for healthy › Take steps to eliminate moisture
living – A dry and well ventilated inside the home by drying washing
outdoors rather than indoors,
home reduces the danger to your
and airing the home regularly by
home and the risks of ill health
opening doors and windows to
for everyone living there. The
create a cross draught.
healthy homes standards set
minimum requirements for heating, › Mould growth usually looks fuzzy
ventilation, insulation, moisture or powdery and is often coloured
from light green to black. Remove
ingress and drainage, and draught
mould as soon as it appears by
stopping. These standards will
using diluted household bleach
apply for new or renewed tenancy
(1 part bleach with 3 parts water
agreements with private landlords mixed together), or a less abrasive
from 1 July 2021. cleaner like cider vinegar. Your
supermarket will also have a range
of eco-friendly cleaners.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
17SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
At the end of the tenancy
If the tenant wants to stay The rent must not be increased
within twelve months after the date
Many tenants sign an agreement of the start of the tenancy or after
for a fixed-term, such as a year. the date on which the last increase
At the end of that time, the took effect.
lease will automatically convert If the tenant or landlord wants
to periodic unless a landlord
to end the tenancy
gives notice using a reason that
is specified in the Residential Both landlords and tenants have
Tenancies Act, a tenant gives responsibilities to honour when
notice for any reason at least they want to end a tenancy.
28 days before the end of the
Giving notice for a fixed-term
tenancy, or the landlord and tenant
tenancy – Fixed-term tenancies
agree to extend, renew or end the can’t be ended early unless both
fixed-term tenancy. the landlord and tenant agree, or
If only one of the tenants wants by an order of the Tenancy Tribunal.
to move out then the other tenant On the date the fixed-term tenancy
can take over the tenancy agreement ends, the tenancy automatically
provided the landlord agrees. You’ll becomes a periodic tenancy, with the
need to send Tenancy Services same terms contained in the expired
a change of tenant form if the tenancy, unless:
remaining tenant is taking over the › the tenant and landlord enter
leaving tenant’s share of the bond. into a new tenancy agreement,
A copy of the form is available at or extend the existing tenancy
tenancy.govt.nz. agreement, or otherwise vary the
Can your landlord increase the agreement if all parties agree to
rent? Landlords are entitled to do so
increase the rent, but they must give › The tenant gives written notice
60 days’ written notice and the rent to end the tenancy, at least
can only be increased once every 28 days before the tenancy
twelve months. is due to expire.
18 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
› The landlord gives notice to Landlords can’t ask their tenant
end the tenancy. Landlords to pay for normal wear and tear
must provide a reason to end to their property or furniture and
the tenancy. The amount of appliances but they may be entitled
written notice a landlord must to deduct costs for tasks which the
give depends on their reason for tenant should have carried out, such
ending the tenancy. as cleaning and rubbish removal.
Once you’ve agreed what will happen
The Tenancy Services website has
with refunding the bond, both the
more information on the reasons
landlord and all tenants need to fill
landlords can give to end the
out a bond refund form and send it
tenancy and required notice
to Tenancy Services. Sometimes a
periods (tenancy.govt.nz).
tenant is moving to a new place and
Giving notice for a periodic tenancy it’s easier for them to ask Tenancy
A tenant must give at least 28 days’ Services to just transfer their bond
written notice to end their periodic money from their old home to their
tenancy, unless the landlord agrees new one. You’ll need a bond transfer
to a shorter time. Landlords can’t form for this, which will need to
end a periodic tenancy without a be completed by the old landlord,
reason, and what that reason is will tenant and the new landlord.
determine the amount of written Rent – Make sure rent payments
notice they need to provide. are up to date.
If a landlord gives the tenant notice Bills – Don’t leave bills unpaid.
to end the tenancy and the tenant This can have an impact on a tenant’s
wants to move out sooner, the references and credit rating.
tenant must still give the landlord
Take final meter readings and
at least 28 days’ written notice.
advise the service provider and
You can find more information landlord.
about how to serve a notice, Clear up – Remove your belongings,
the reasons a landlord can give clean the house, take away any
to end the tenancy and required rubbish, return all keys and access
notice periods on our website cards, and leave a forwarding
tenancy.govt.nz/ending-a-tenancy. address. If a tenant doesn’t do all
Return of the bond – It’s a good idea these things, the landlord can ask
for both the tenant and the landlord Tenancy Services for some or all of
to meet and review the home (using the bond.
their property inspection report).
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
19SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
If things go wrong
There are legal processes available Retaliatory Notice
to help resolve tenancy problems If a landlord gives notice to end a
that arise between landlords and tenancy because their tenant has told
tenants, but the first thing to do the landlord or Tenancy Services about
is talk with each other about the a problem or exercised their rights,
this will likely be considered a retaliatory
problem and try to sort it out
notice. The Residential Tenancies Act
yourselves. 1986 (the Act) prohibits a landlord from
giving this type of notice and a tenant
Before talking can apply to the Tenancy Tribunal if they
Make sure you’re clear about your believe that a retaliatory notice has been
concerns. Sometimes writing down given. They can seek to have the
the problem will help you explain it retaliatory notice overturned and can
well to the other person. also seek exemplary damages of up to
$4,000. The Tribunal will determine
Be ready to suggest a solution.
whether or not the notice is lawful. If it is
Describe the problem carefully and
determined to be unlawful, the notice
give a reasonable amount of time
will be overturned. The tenant must
for it to be put right.
make the application to the Tenancy
Write a letter – ‘notice to Tribunal within 28 working days of
remedy’ receiving the notice from their landlord.
Tenants and landlords can both issue Self-resolution
a notice to remedy (where there has Self-resolution means sorting our any
been a breach of the Act or the tenancy problems by talking to the other person.
agreement), which gives the other It could lead to a more positive
person time to fix the problem. Please relationship between tenants and their
remember that when you send the other landlord. The Tenancy Services website
person a notice in writing you need to has guidance available about self-
allow extra time for delivery. Examples resolution: tenancy.govt.nz/disputes/
and further information is available at self-resolution/
tenancy.govt.nz.
20 TENANCY.GOVT.NZSHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
Fast Track Four Steps Tenancy Compliance and
Fast Track Resolution is a quick and Investigations Team
inexpensive way to confirm agreements The majority of landlords and tenants
reached between landlords and tenants want to do the right thing and meet their
that frees both sides up for having to be obligations. However, where a landlord
available for scheduled mediation when chooses not to meet their obligations,
they don’t need it. Go to the Tenancy or there is a serious breach of the
Services website to learn more Act, you can contact the Tenancy
(tenancy.govt.nz). Compliance and Investigations Team
about the issue.
If you can’t agree between
yourselves, come to Tenancy As the tenancy regulator, the team
Services mediation can use the following enforcement
measures when appropriate: enforceable
Tenancy Services offers a mediation
undertakings, improvement notices,
service where landlords and tenants
infringement notices and pecuniary
have the opportunity to resolve
penalties. Go to tenancy.govt.nz/
differences by talking together with a
about-tenancy-services/compliance-
mediator. The mediator’s job is to help
team to learn more and write to
identify the issues and reach a workable
the team.
solution. Mediators know a lot about
tenancy issues but they don’t take sides
and they don’t decide anything for you.
The process is confidential.
Tenancy Tribunal
If a solution to a dispute can’t be
agreed through mediation, tenants
and landlords can ask the Tenancy
Tribunal for a hearing. The Tribunal is
part of the Ministry of Justice and an
adjudicator listens to each person, hears
any witnesses, looks at any evidence the
landlord or tenant brings and then makes
a decision. This decision is binding, both
sides receive a copy and both sides have
to comply.
MINISTRY OF BUSINESS, INNOVATION & EMPLOYMENT
21SHORT GUIDE TO GOOD RENTING – CHECKLISTS FOR TENANTS AND LANDLORDS
‘Short Guide to Good Renting’ is designed to cover the essentials for
tenants and landlords. The information we have for you here doesn’t cover
every aspect of renting and it is not the same as getting legal advice.
Before acting on this general information you should seek more detailed
information or specific advice via our website tenancy.govt.nz.
MO
VE
RS
Carpenter/ plumber
TEN 4285 FEB21
tenancy.govt.nz
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