Renting Guide
NZ tenancy agreements explained
Everything tenants & landlords need to know
26 April 2024
Every tenancy requires a written agreement between a landlord and a tenant - in other words, a residential tenancy agreement. This legal document sets out everything that the landlord and tenant have agreed to, from rent to the start date of the tenancy.
Both landlords and tenants should fully understand what’s in the agreement and how it may affect them. To get everyone started on the right foot we’ve put together a simple guide.
Download a free NZ tenancy agreement form
Landlords can ask their property manager to create a tenancy agreement for them and add all requested conditions. Those who don’t have a property manager can create their own starting with a free NZ tenancy agreement template from Tenancy Services.
Download tenancy agreement template NZ.
All residential tenancy agreements must be given to the tenant in writing before the tenancy starts. If the landlord doesn’t create an agreement, they’re still bound by the Residential Tenancies Act.
Tenants should always read the tenancy agreement carefully before signing. If tenants don’t understand any part of the agreement they should speak to their landlord or contact Tenancy Services for free advice.
What should a tenancy agreement include?
Every new tenancy agreement must include the following at minimum:
Contact details of landlord and tenant. If the landlord has a property manager, their details should be given too.
Tenancy address.
The date the agreement was signed and the date the tenancy will begin.
A contact address for the landlord and tenant.
A note if the tenant is under 18.
Details of both bond and rent, including amount and frequency of payment.
How the rent will be paid.
Any fees to be paid by the tenant.
A list of chattels or appliances provided by the landlord.
If the tenancy is fixed term, and if so when it will end.
An insurance statement - download here.
A signed Healthy Homes compliance statement - download here.
A signed insulation statement - download here.
Make sure you understand your tenancy agreement before you move in.
Landlords must also hold on to the following documents during the tenancy and for a year afterwards:
Variations on the tenancy agreement.
Reports completed following inspections of the property.
Records of any building work that required building consent or repair work, including electrical and plumbing.
Assessments of work carried out in relation to section 45 or 66l of the Residential Tenancies Act 1986.
Healthy Home Standard compliance records.
Any advertisement for the tenancy.
Correspondence between landlord or landlord’s agent and tenants or prospective tenants.
Types of tenancies
Generally speaking, there are two types of residential tenancies in Aotearoa New Zealand, fixed or periodic:
Fixed term tenancies last for an agreed upon period of time, usually one year. These tenancies have both a start and an end date and revert to periodic tenancies after their end date (unless notice is provided in accordance with the Residential Tenancy Act.
Periodic tenancies keep going until correct notice is provided by either party.
The type of tenancy should always be recorded in your tenancy agreement. Read more about giving notice to end a tenancy.
Adding conditions to a tenancy agreement
Landlords can add conditions to a tenancy agreement before the tenants sign - if they want to add conditions after signing the tenants must agree. These conditions could include:
No smoking.
A restriction on the amount of people who can live in the property.
Rules around pets. Read more about applying for a rental with a pet.
Any changes made should be recorded in writing, signed by both tenant and landlord and include details of what the change is and when it takes effect.
Both landlords and tenants should have a good understanding of the tenancy agreement they sign.
Landlords can’t add any clauses or conditions to tenancy agreements that are in conflict with the Residential Tenancies Act (the Act). These may include anything that infringes a tenants right or requires more of tenants than the Act does. For example, landlords can’t:
Require that tenants pay for a professional carpet cleaning service to end their tenancy. The Act only requires them to leave the property 'reasonably clean and tidy’.
Ask tenants to pay more than four weeks of rent as a bond. (The coalition Government has promised to change this law to allow two week’s rent as a pet bond. At the time of writing, this law hasn’t come into effect).
Change the amount of notice required to end a tenancy. What’s in the Act applies to all tenancies, regardless of what’s in your tenancy agreement.
Plan to increase rent every six months (The act limits rent increases to once yearly).
If the landlord would like to increase the rent, they can do so without prior agreement from the tenant, as long as they provide notice and the increase is in line with the Act.
Before the tenancy agreement is signed
Before the tenancy agreement is signed landlords (or their property manager) and tenants should go through the place together and fill out an inspection or condition report. Both parties should take photos and videos to document the condition of the property in detail, and note any chattels (like furniture, or appliances like dryers and washing machines).
You can find a template for an inspection report at the bottom of the residential tenancy agreement template provided by Tenancy Services.
Make sure you fill out an inspection report before you get the keys and move in.
If you have a problem with your tenancy agreement
If you believe your landlord has included conditions in your tenancy agreement that contradict the Act - or if you’re a landlord who needs help, it’s a good idea to get professional advice . You can either:
It’s always better to do this sooner rather than later, before small problems snowball into larger disputes. When discussing your tenancy agreement with your landlord or tenant, always keep everything in writing, communicate clearly and politely. If your problem persists and you can’t resolve it by talking or mediation you can:
You may be required to attend a hearing and provide evidence. Once the hearing is over the tribunal will make a decision, which is binding.
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