Tenancies Act

A brief putline of key provisions - Residential Tenancies Act 1986.

AGREEMENT:

The landlord must give the tenant a copy of the tenancy agreement and any variations to it.

RENT:

The landlord shall not require more that two week's rent in advance.

Any rent increase shall be notified in writing, not less that 60 days in advance and take effect not less that 180 days since the last increase or the start of the tenancy.

A receipt must be given unless payment is made by automatic payment through a bank or by a non-negotiable personal cheque.

BOND

Not more that four week's rent.
Receipt must be given.
Must be paid to the Bond Centre within 23 working days.
Released as agreed by the landlord and tenant or by ruling of the Tenancy Tribunal.
If the property is sold, the landlord’s interest in the bond shall pass to the purchaser of the property.

NOTICE TO TERMINATE:

NB: This does not apply to fixed term tenancies.

The tenant must give the landlord 21 days written notice in all cases.
The landlord must give 90 days written notice.
The landlord may give 42 days written notice if:

a. The landlord has an unconditional agreement to sell the premises with vacant possession; or

b. The premises are required for occupation by the landlord or a member of the landlord’s family; or

c. The premises are required for an employee of the landlord (See section 51(1)(b) of the Residential Tenancies Act 1986)

TERMINATION:

The landlord may apply to the Tenancy Tribunal for a termination order where:

a. The rent is at least 21 days in arrears;

b. The tenant has caused substantial damage to the premises;

c. The tenant has failed to comply with a ten day notice to remedy a breach

A tenant may apply to the Tenancy Tribunal to have the tenancy terminated if a landlord has failed to comply with a 10 working days notice to remedy a breach.

LOCKS:

Locks shall not be changed without the consent of the other party.

MINORS:

If the tenant is under the age of 18 years, special provisions apply (see section 14 of the Residential Tenancies Act 1986)

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.
Pay rates and insurance.
Not seize the tenant’s goods for any reason.
Inform the tenant in writing if the premises are on the market for sale.
Not interfere with the supply of any service to the premises.

TENANT’S RESPONSIBILITIES:

Pay the rent on time.
Keep the premises clean and tidy.
Not disturb the neighbours or the landlord’s other tenants.
Use the premises principally for residential purposes.
Pay electricity, gas and telephone charges.

Pay for water supplied to the premises if:

a. It is stated in the tenancy agreement that the tenant shall pay for water charges; and

b. The premises are separately metered; and

c. The water supplier charges for water on the basis of metered usage.

Not intentionally or carelessly damage, or permit damage, to the premises.

Inform the landlord as soon as possible of any damage to the premises, or need for repairs.

Not alter the premises without the landlord’s written consent.
Not use the premises for any unlawful purpose.
Leave the premises reasonably clean and tidy, clear of any rubbish and possessions, and return all keys and security devices at the end of the tenancy.

Not exceed the maximum number of occupants if stated in the tenancy agreement.

RIGHT OF ENTRY:

The landlord shall enter the premises only:

For inspection of the premises between 8am and 7pm after giving 48 hour's notice and not more often than once every 4 weeks; or

With the tenant’s consent given at the time of entry; or

In an emergency; or

For repairs or maintenance, from 8am to 7pm, after 24 hour's notice; or

For an inspection of work done to the premises by the tenant from 8am to 7pm after 48 hour's notice; or

To show the premises to prospective tenants, purchasers, or a registered valuer, with the tenant’s prior consent which may not be unreasonably withheld, but reasonable conditions may be imposed.

MITIGATION OF LOSS:

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

DISPUTES: