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Tenancy
Residential Tenancy
Agreement
This tenancy agreement has been approved for use by The Office of the Tenancy Tribunal.
HOW TO USE THIS AGREEMENT 9. Before signing this agreement all parties should carefully
read it and seek information from Tenancy Services if they
1. This is a legally binding contract. are unclear about what they are agreeing to.
2. All tenancy agreements must be in writing. A separate 10. The parties must record their full names correctly.
form of tenancy agreement for use for a Boarding House 11. If a bond is paid, a Bond Lodgement Form must also
Tenancy is available on our website. be completed.
3. The landlord must provide the tenant with a copy of this 12. Bonds must be lodged with Tenancy Services within
agreement prior to the commencement of the tenancy. 23 working days of being paid. This can be done online.
If the property is a Unit Titles property, a copy of the most
recent Body Corporate rules must be attached to this 13. Parties to tenancy agreements are subject to the
agreement. provisions of the Privacy Act 1993. Any information
4. This agreement must be completed in full and the tenant provided on this agreement shall not be used or disclosed,
and landlord each keep a copy. without consent, for any purpose other than the
administration of the tenancy or to pursue legal action.
5. The rights and obligations set out in the Residential 14. Letting fees can’t be charged to tennants.
Tenancies Act 1986 are implied in every residential tenancy
agreement (see pages 2 and 3 of this agreement for a brief 15. If there is a problem between the tenant and landlord, and
they can’t agree, Tenancy Services can help sort
outline of some of the key provisions of the Residential
Tenancies Act 1986). it out. Visit www.tenancy.govt.nz or call us for free
6. No terms or conditions added to this agreement are valid if information on 0800 836 262.
they are contrary to the Residential Tenancies Act 1986.
7. Landlords are now required to sign a statement disclosing
details of any insulation in the property.
8. All rental properties must meet the requirements in
regulations regarding insulation and smoke alarms.
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RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 1
Tenancy
OUTLINE OF THE PROVISIONS OF THE RESIDENTIAL TENANCIES ACT 1986 (RTA)
Please refer to the Residential Tenancies Act 1986 and amendments for the complete provisions.
Tenants and landlords! If you have problems, talk to each other. If you can’t sort it out, talk to us. We can help you sort
it out. www.tenancy.govt.nz , 0800 TENANCY (0800 836 262)
1. Agreement 5. Landlord’s responsibilities
› Each party should keep a copy of this tenancy agreement. › Provide and maintain the premises in a
› Changes in the particulars of either party must be notified reasonable condition.
to the other party within 10 working days. › Allow the tenant quiet enjoyment of the premises.
› The agreement must contain a statement, signed by › Comply with all building, health and safety standards that
the landlord, about the insulation in the property. apply to the premises.
› This contract may not be enforceable against a tenant › Comply with all requirements in respect of smoke alarms
under the age of 18 (a minor). The Minors Contracts Act imposed on the landlord by regulations.
1969 may apply. › Landlords need to have working smoke alarms installed in
2. Contact details all their residential rental homes. Any replacement alarms
› Each party must provide an email address and mobile installed after 1 July 2016 (other than hard-wired systems)
phone number if they have them. need to have long life batteries and a photoelectric sensor.
› Each party must supply a physical address for service › Pay rates and any insurance taken out by the landlord.*
in New Zealand where notices and other documents › Not seize the tenant’s goods for any reason.
relating to the tenancy will be accepted by them, or on › Inform the tenant if the property is on the market
their behalf, even after the tenancy has ended. Tenants for sale.
who supply the rental address as their address for service › Not interfere with the supply of any services
should update this at the end of the tenancy. Parties may to the premises.
also supply an additional address for service which can
include a PO Box, email or facsimile. › If the landlord is in breach of these responsibilities,
› If the landlord is going to be out of New Zealand for more the tenant(s) can apply to the Tenancy Tribunal.
than 21 days and has to appoint an agent, the landlord › Appoint an agent and notify the tenant and Bond Centre of
must give the tenant the agent’s name, contact address, the agent’s details whenever leaving New Zealand for more
mobile phone number (if any), email address (if any) and than 21 consecutive days.
address for service. *Tenants may be immune from claims by landlords where they or their guests
3. Rent caused careless damage to the property but the landlord’s insurance covers
the damage.
› Landlords shall not require rent to be paid more than 6. Tenant’s responsibilities
2 weeks in advance, nor until rent already paid has been
used up. › Pay the rent on time.
› 60 days’ written notice must be given for rent increases. › Keep the premises reasonably clean and tidy, and notify
› Rent shall not be increased within 180 days of the start the landlord as soon as any repairs are needed. You may
of the tenancy or the last rent increase. not withhold rent if you cannot get repairs done.
› Also for rent to be increased in a fixed-term tenancy, › Seek information from the Ministry of Business, Innovation
it must be stated in the tenancy agreement. and Employment (0800 83 62 62).
› Receipts must be given immediately if rent is paid in cash. › Use the premises principally for residential purposes.
4. Bond › Pay all electricity, gas, telephone, and metered
water charges.
› A bond is not compulsory, but a landlord may require › Replace batteries in smoke alarms as required.
a bond of up to 4 weeks’ rent.
› Bonds must be lodged with the Ministry of Business, › Not damage or permit damage to the premises,
Innovation and Employment within 23 working days of and to inform the landlord of any damage.
being paid. › Not disturb the neighbours or the landlord’s
› Receipts must be given for bond payments. other tenants. Y
› If the property is sold, the landlord’s rights with regard to › Not alter the premises without the landlord’s P
written consent. O
the bond pass to the purchaser of the property. C
S
› Not use the property for any unlawful purpose. ’
› The bond covers any damage or loss to the landlord D
if the tenant’s obligations are not met, but does not cover › Leave the property clean and tidy, and clear of rubbish and R
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fair wear and tear and may not cover careless damage possessions at the end of the tenancy. L
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covered by the landlord’s insurance. N
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RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 2
Tenancy
› At the end of the tenancy, leave all keys and such 11. Notice to terminate tenancy
things with the landlord. Leave all chattels supplied (NB: This does not apply to fixed-term tenancies. Notice
with the tenancy. requirements for fixed-term tenancies are contained in the
› If a maximum number of occupants is stated in the tenancy main body of this agreement.)
agreement, not exceed that number. In all cases, the tenant must give the landlord 21 days’ notice
7. Rights of entry in writing.
The landlord shall enter the premises only: The landlord may give 42 days’ notice in writing – and must
› with the tenant’s consent at the time of entry state the reason for termination if:
› in an emergency › the landlord has an unconditional agreement to sell the
premises with vacant possession; or
› for necessary maintenance or repairs, compliance › the premises are required as the principal place of
or preparation for compliance with any requirements residence for the owner or any member of that owner’s
regarding smoke alarms or insulation, from 8 am to family; or
7 pm, after 24 hours’ notice
› for an inspection of the property or work done by the › the premises are required for an employee of the landlord
tenant, from 8 am to 7 pm after 48 hours’ notice and this has been agreed at the start of the tenancy.
› with the tenant’s prior consent, to show the premises In other cases, the landlord must give 90 days’ notice
to prospective tenants, purchasers, registered valuer in writing.
or real estate agent doing an appraisal, or other expert 12. Termination by Tribunal
engaged in appraising the premises. The landlord may apply to the Tenancy Tribunal for a
› Consent may not be unreasonably withheld but reasonable termination order where:
conditions may be imposed. › the rent is 21 days in arrears
8. Subletting and assignment › the tenant has caused or threatened to cause substantial
If not expressly prohibited by the landlord, the tenant may damage to the premises
sublet or assign with the landlord’s prior written consent. › the tenant has assaulted, or threatened to assault,
Consent may not be unreasonably withheld unless subletting the landlord, a member of the landlord’s family,
or assignment is totally prohibited by this agreement. or a neighbour
9. Locks › the tenant has failed to comply with a 14 days’ notice
to remedy a breach.
Locks can only be changed with the agreement of both A tenant may apply to the Tenancy Tribunal for a work order,
the tenant and the landlord. They should be provided and compensation or to terminate the tenancy, if the landlord has
maintained in a secure state by the landlord. breached the tenancy agreement or the Residential Tenancies
10. Insulation Act.
› Landlords must disclose the extent of insulation in 13. Mitigation of loss
their properties in a signed statement as part of any If one party to the tenancy agreement breaches it, the other
new tenancy agreement. party must take all reasonable steps to limit the damage or
› Landlords must make all reasonable efforts to obtain loss arising from the breach.
the required information. This includes physically looking,
engaging a professional to do an assessment and/or 14. Unit Title Property
checking the council building file. The landlord must promptly notify the tenant of any variations
› Landlords of income-related tenancies must provide ceiling to Body Corporate rules affecting the premises.
and underfloor insulation that meets minimum standards
unless they meet an exception. If the existing insulation
does not meet the requirements of the regulations, the
insulation statement must explain how the landlord will
comply with insulation regulations within 90 days of the
start of the tenancy, or explain how an exception applies.
› All other landlords must have ceiling and underfloor
insulation that meets minimum standards by 1 July 2019
unless they meet an exception.
MB14337 (T4) 08/17
www.tenancy.govt.nz PAGE 3
Tenancy
Residential Tenancy
Agreement
This tenancy agreement has been approved for use by The Office of the Tenancy Tribunal.
HOW TO USE THIS AGREEMENT
1. This is a legally binding contract. 9. Before signing this agreement all parties should carefully
2. All tenancy agreements must be in writing. A separate read it and seek information from Tenancy Services if they
form of tenancy agreement for use for a Boarding House are unclear about what they are agreeing to.
Tenancy is available on our website. 10. The parties must record their full names correctly.
3. The landlord must provide the tenant with a copy of this 11. If a bond is paid, a Bond Lodgement Form must also
agreement prior to the commencement of the tenancy. be completed.
If the property is a Unit Titles property, a copy of the most 12. Bonds must be lodged with Tenancy Services within
recent Body Corporate rules must be attached to this
agreement. 23 working days of being paid. This can be done online.
4. This agreement must be completed in full and the tenant 13. Parties to tenancy agreements are subject to the
and landlord each keep a copy. provisions of the Privacy Act 1993. Any information
provided on this agreement shall not be used or disclosed,
5. The rights and obligations set out in the Residential without consent, for any purpose other than the
Tenancies Act 1986 are implied in every residential tenancy administration of the tenancy or to pursue legal action.
agreement (see pages 2 and 3 of this agreement for a brief 14. The tenant may be required to pay any letting fee or other
outline of some of the key provisions of the Residential charge for services provided by any solicitor or letting
Tenancies Act 1986). agent relating to the granting of the tenancy.
6. No terms or conditions added to this agreement are valid if 15. If there is a problem between the tenant and landlord, and
they are contrary to the Residential Tenancies Act 1986. they can’t agree, Tenancy Services can help sort
7. Landlords are now required to sign a statement disclosing it out. Visit www.tenancy.govt.nz or call us for free
details of any insulation in the property. information on 0800 836 262.
8. All rental properties must meet the requirements in
regulations regarding insulation and smoke alarms.
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RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 4
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