Rights and obligations of landlords and tenants

In Aotearoa New Zealand, the Residential Tenancy Act sets out tenants' and landlords' rights and obligations. When renting it is important to understand both your rights and the obligations you have towards your landlord. Following are some of the important ones you should know about.

Rights and obligations of landlords
A landlord must:
  • Sign a tenancy agreement with their tenant and give a copy to the tenant before the tenancy begins,
  • Make sure the property is clean and in a fit and habitable condition. We would encourage tenants to take photos of the property before they move in as proof of the condition of the property,
  • Maintain the property in a reasonable state of repair throughout the tenancy,
  • Make sure that locks and fastenings are adequate,
  • Provide a receipt if the rent is paid by cash or cheque,
  • Give the tenant at least 60 days written notice of a rent increase,
  • Give the tenant 48 hours written notice of a property inspection - maximum of one inspection per month,
  • Give the tenant 90 days written notice to end the tenancy or 42 days if the property is put on the market for sale, or if the landlord or family wish to move into the property.
A landlord cannot:
  • Ask for more than 2 weeks rent in advance,
  • Ask for more than 4 weeks bond,
  • Change the locks without the tenant's consent,
  • Enter the property without the tenant's consent, other than the arranged inspections,
  • Interfere with the gas, electricity, water supply, or telephone,
  • Take a tenant's personal property to hold or sell if the tenant is behind with the rent.

Rights and obligations of tenants
A tenant must:
  • Pay the rent on time,
  • Keep the property reasonably clean and tidy,
  • Tell the landlord as soon as possible of any damage or repairs needed,
  • Make sure that the limit set in the tenancy agreement on the number of people allowed to stay in the property is adhered to,
  • Leave at the end of the tenancy, remove all goods and rubbish, leave the property reasonably clean and tidy,
  • Repair or pay for repairs to any damage caused by the tenant or the tenant's guests,
  • Give 21 days written notice to end the tenancy.
A tenant must not:
  • Unreasonably refuse the landlord entry when they are entitled to enter,
  • Intentionally or carelessly damage the property or permit anyone else to do so,
  • Interfere with the quiet enjoyment of other tenants or neighbours,
  • Change the locks without the landlord's permission.
There are two types of tenancy agreement

A periodic tenancy is one that lasts until either the tenant or the landlord ends the agreement.

A fixed-term tenancy is for a set period of time, for example twelve months. You cannot give notice to leave before the agreed date. The landlord cannot give you notice to quit before the agreed date.

Bonds and rent in advance
  • A landlord cannot ask for more than two weeks rent in advance,
  • A landlord cannot ask for more than four weeks bond. 
Where to look:
Some Dos and Don'ts:

DO
  • Take a friend with you when dealing with landlords/agents so they can witness what was said in case a dispute arises,
  • Make sure you get advice before signing a fixed-term tenancy,
  • Avoid agreements where you rent a room in a house/flat and share bathroom and kitchen facilities with other tenants,
  • Take some photos of the flat/house when you move in,
  • Take some more photos when you have cleaned the flat/house before you move out.
DON'T
  • Hand over cash without getting a receipt showing the landlord/agent's name.