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Tenants Forms & Resources

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You deserve a home where everything works, landlords communicate, and your living situation is respected. But let’s face it—finding that kind of rental isn’t always easy.

At Synergy Property Management, we understand what it’s like to deal with unreturned calls, complicated forms, and confusing processes. That’s why we make it simple, straightforward, and human. 

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Pre-tenancy application Form

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Are you entering into your first rental agreement or preparing to sign a new tenancy contract? Learn about your rights and obligations as a tenant or landlord.

Discover the rental rates in your location. Get insights into the rent, bond, and various costs that both landlords and tenants are responsible for when renting a property.

In New Zealand, we aim to avoid common issues in rental properties that can harm tenants’ health and wellbeing. The Healthy Homes Standards set clear minimum requirements for heating, insulation, ventilation, moisture control, drainage, and draft prevention, ensuring safer and healthier living environments for all.

Who is responsible for maintaining a healthy rental home? Both tenants and landlords share the responsibility of keeping the rental property in a good state of repair, ensuring the property remains well-maintained and in optimal condition.

What should you consider when a tenancy comes to an end? Discover when tenants and landlords need to give notice and understand the process involved. Both parties have responsibilities when a tenancy ends—learn what actions you need to take.

Resolving disputes can be challenging. This guide outlines various dispute resolution options, including breaches of the Act, self-resolution, FastTrack Resolution, mediation, the Tenancy Tribunal, enforcing decisions, and searching Tribunal orders.

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Download the Pre-tenancy application form by Tenancy Services
Download the Residential Tenancy Agreement by Tenancy Services

Landlord’s responsibilities

Tenants are required to pay their rent punctually, maintain cleanliness in the property, promptly report any damages or necessary repairs, cover their personal expenses such as electricity and internet, primarily use the property for residential living, and ensure it is left tidy upon vacating, returning all keys and provided items. They must avoid withholding rent for repair issues, causing harm to the property, disturbing neighbors, making unauthorized alterations, using the property for illegal activities, or exceeding the number of occupants specified in the lease agreement.

Landlords and tenants

Both landlords and tenants have mutual obligations, which include having a written tenancy agreement, maintaining current contact information, and ensuring that locks are not changed without consent. In properties governed by unit titles, such as apartments or townhouses, they are also required to adhere to the regulations set by the body corporate.

Download Tenant’s Checklist provided (Tenancy Services)

Finding the right property

Finding the right flat or house can be challenging. To help, browse online listings, check local “To let” ads, or post your own. Ask family, friends, or colleagues, and place notices at dairies, community boards, supermarkets, universities, or wānanga. You can also explore social media pages or contact real estate agencies and property managers.

Choose a landlord who meets their responsibilities

A good relationship with your landlord is key to addressing concerns. Before renting, learn about them and ask during your visit about recent maintenance or repairs completed to gauge their reliability.

Check the Ministry of Justice website for Tenancy Tribunal orders to see if the landlord has a history of disputes.

Operating a home business

Rental properties are primarily for living in. If you plan to run a home business, check local bylaws, zoning rules, and your tenancy agreement, as some may prohibit it. Business use could affect your landlord’s insurance. Ensure you still meet all tenant obligations under the Residential Tenancies Act.

What to ask a property manager

Hiring a property manager for your residential property safeguards your investment and retain quality tenants while handling key tasks such as:

  • Rent collection
  • Tenant selection
  • Maintenance
  • Conflict resolution
  • End-of-lease matters 

As a landlord, selecting the right property manager is crucial; here are some questions to ask.

  • What qualifications do you hold?
  • Are you a property management specialist, or do you also work as a real estate agent who handles property management tasks?
  • How long and how many properties have you been managing in this region?
  • Are you affiliated with professional organizations that follow a code of ethics?
  • What is your approach to managing properties during holiday seasons?
  • What is the current vacancy rate?
  • How long does it take to fill a vacant property in this area?
  • What type of insurance do you carry, and is there fidelity fund protection?
  • What software and computer systems do you utilize for property management?
  • Could you provide a sample of a monthly reporting package?
  • Have you been involved in any cases at the Tenancy Tribunal? If so, what were the outcomes?

Setting up the property management agreement

Carefully review and agree on the property manager’s responsibilities, addressing any concerns upfront to avoid future issues. Always document the agreement in writing. When setting up the property management agreement, consider:

  • What are their fees, and do they align with the typical rate of 7.5–8.5% of rent? What initial costs are involved?
  • Frequency of their report/communication? Is report in detail, and do they offer online access?
  • Will they provide updates on market rents and inform you about rent reviews? Is your approval needed for adjustments?
  • What methods do they use to find and vet tenants? How is the property advertised, and who pays for marketing?
  • How do they address tenant issues, late payments, and emergencies after hours?
  • What is their approach to property maintenance, including inspections and repairs? Do they work with in-house staff or outside contractors? Can they share a list of preferred vendors?
  • What is their process for obtaining quotes and granting contractors access to the property?
  • How do they handle end-of-tenancy tasks, such as bond refunds and final inspections?

Disclaimer: The Residential Tenancies Act doesn’t cover owner-manager relationships. Seek legal advice for contracts or disputes.

Residential Tenancies Amendment Act 2019

Information on property insurance

Download Insurance Statement (Tenancy Services.)_

Insurance Information in Tenancy Agreements

Landlords must provide insurance details in new tenancy agreements, including coverage information and the excess amount. Tenants must be informed if these details change and that the policy is available on request.

Tenant Insurance

Tenants should consider getting insurance, as the landlord’s policy doesn’t cover personal belongings. Contents and personal liability insurance are recommended, especially if you’re not listed on the agreement.

Earthquake Damage

If renting a quake-damaged property, verify insurance coverage, as insurers may refuse coverage if repair costs are too high, which could affect your contents insurance.

For help with natural disaster claims, homeowners can contact the New Zealand Claims Resolution Service (NZCRS).

Periodic Tenancy

A periodic tenancy is an agreement that does not specify an end date. It remains in effect until either the tenant or the landlord provides written notice to terminate it.

Fixed-Term Tenancy

A fixed-term tenancy lasts for a set period, like one year, with no maximum duration. The term must be clearly stated in the agreement, and early termination is not allowed. When the term ends, it automatically becomes a periodic tenancy unless notice is given, both parties agree otherwise, or the tenant renews the lease. Ensure the fixed-term suits your needs before signing.

Room-by-Room Tenancy Overview

A room-by-room tenancy applies to properties with up to five tenants, excluding the landlord. Each tenant rents a room under their own tenancy agreement, while sharing communal spaces like the kitchen, bathroom, and living areas. The Residential Tenancies Act 1986 (the Act) governs the rights and responsibilities of landlords and tenants in these arrangements.

Key responsibilities include:

Landlords: Must respect tenants’ peace and privacy, maintain the property, and ensure tenants do not interfere with each other’s quiet enjoyment.
Tenants: Must respect other tenants’ peace and shared spaces.

Differences from Other Living Arrangements

  • Private board: The landlord lives on-site, and the Act does not apply.
  • Boarding house tenancy: For properties with six or more tenants, governed by different rules under the Act.
  • Flatting: No tenancy agreement with the landlord; arrangements are between flatmates and not covered by the Act.

Tips for Room-by-Room Tenancies

  • Rights and responsibilities: Clearly outline these in the tenancy agreement.
  • Service charges: Landlords cover shared service costs; tenants pay for their own usage or agree on service charges included in rent.
  • Cleanliness: Landlords maintain the property, while tenants keep their rooms and shared areas tidy.

Short Fixed-Term Tenancy Overview

A short fixed-term tenancy lasts 90 days or less, ending automatically on the agreed expiry date without requiring further notice. It cannot be used as a trial period. The Residential Tenancies Act 1986 (RTA) applies, except for:

Rules about market rent and rent increases after property improvements.
Notice requirements to end the tenancy.

Extension Rules

  • If extended beyond 90 days, the tenancy becomes periodic, and standard RTA rules apply.
  • Example: A 60-day tenancy extended by 40 days becomes periodic after 100 days.
  • Tenants must give 28 days’ notice to end a periodic tenancy, while landlords must follow specific termination grounds.

Recognised Seasonal Employers list – NZ Immigration

Employee rights — Employment New Zealand

Safe working environments — Worksafe

Worker accommodation — Worksafe

Download Service Tenancy Guideline – Tenancy Services.

Service Tenancy Agreement

A service tenancy provides accommodation for employees during their employment. These tenancies are covered by the Residential Tenancies Act 1986 (RTA), requiring:

  • A written tenancy agreement, separate from the employment contract if possible.
  • Landlords to maintain the property, ensure working smoke alarms, meet health and safety standards, and comply with healthy homes standards.

Key Points

  1. Rent Deduction:
    • Rent can be deducted from wages if agreed upon, specified in the employment contract, and compliant with employment law.
  2. Ending a Service Tenancy:
    • When employment ends: Either party can give 14 days’ notice. In special cases (e.g., risk of property damage or urgent need for new staff), the landlord may give less than 14 days’ notice.
    • If employment continues: Tenants must give 28 days’ notice to end the tenancy. Landlords follow periodic tenancy rules to terminate.
  3. Legal Actions:
    • The Tenancy Tribunal can end a service tenancy for rent arrears, anti-social behavior, or physical assault by the tenant.

Options for Employee Accommodation

  1. Lease under the Property Law Act 2007:
    • Employers lease a property to sublet to employees under the RTA. Legal advice is recommended.
    • If the lease ends, the employer can give employees 90 days’ notice.
  2. Other Options:
    • Purchase property for employee use, renting it out as a service tenancy, boarding house, or room-by-room tenancy.
    • Rent/lease cabins or set up barracks/hostels (excluded from the RTA unless contracted in).

Recommendations

  • Seek legal advice for leases or agreements.
  • Consult your local council about rules for barracks, hostels, or other accommodations.
  • Recognised Seasonal Employers (RSEs) must meet specific criteria set by New Zealand Immigration.

Application for the Built-to-rent Exclusion — HUD

Property interest limitation rules — Inland Revenue

Information for landlords and tenants

10-year tenancy offer
Build-to-rent properties are medium-to-large multi-unit housing developments designed for long-term rental accommodation. Landlords must offer tenants a 10-year tenancy agreement, though tenants can negotiate a shorter fixed-term or periodic tenancy. Only tenants who accept a 10-year agreement can terminate it with 56 days’ notice.

Personalisation clause
Tenancy agreements must outline how tenants can request property changes under the Residential Tenancies Act, with examples of possible minor changes. Landlords must also state their pet policy. Tenants must restore the property to its original condition at the end of the tenancy unless otherwise agreed.

Information for build-to-rent property owners

Build-to-rent excluded from interest limitation rules
Build-to-rent developments, both new and existing, are exempt from interest limitation rules. Details, including the 20-year new build exemption, are available on the Inland Revenue website.

Eligibility for exclusion
To qualify for the interest limitation exemption under the Income Tax Act 2007, properties must have at least 20 dwellings on one or adjacent blocks under single or joint ownership, be available or rented as residential housing, offer tenants a 10-year tenancy with 56 days’ notice for termination, and include a personalisation policy in tenancy agreements.

Applying for the exclusion
You can submit your application for the exclusion on the Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development website.

Download Boarding House Agreement by Tenancy Services.

Tenancy agreements

Tenancy agreements are written, signed contracts between landlords and tenants, including required details like healthy homes compliance and insurance statements. Boarding house tenancy agreements are similar but must also specify:

  • Whether the tenancy is for 28 days or more.
  • The landlord’s phone number.
  • The specific room being rented, including its occupancy limits and whether it is shared.
  • Any services provided by the landlord.
  • Fire evacuation procedures.
  • Contact details for the boarding house manager, if different from the landlord.

Adding conditions to the tenancy agreement
Landlords have the option to include additional terms in a boarding house tenancy agreement as long as these pertain to matters that could potentially harm the property or lead to increased wear and tear. However, landlords cannot impose conditions that violate legal regulations. For instance, conditions that would be considered unlawful include:

  • Mandating that carpets be professionally cleaned upon the conclusion of the tenancy.
  • Requiring tenants to install smoke alarms that comply with legal standards.

House rules

Boarding house landlords can set house rules covering services, facility use, and behavior. Examples include:

  • Cleaning shared spaces.
  • Caring for provided furniture.
  • Noise restrictions, such as no loud music after certain hours.

Landlords must:

  • Provide tenants with the rules at the tenancy’s start and display copies in the house.
  • Give tenants at least 7 days’ written notice before rule changes take effect.

House rules cannot violate the Residential Tenancies Act 1986 or other laws (e.g., Human Rights Act or Privacy Act). Tenants can challenge unlawful rules through the Tenancy Tribunal.

Bond Charges

Tenants who have maintained their room, settled all rent payments, and cleared any outstanding balances are entitled to receive their bond back at the end of the tenancy. The maximum bond a landlord can require is equal to four weeks’ rent. Landlords of boarding houses who collect a bond:

  • Must register any bonds exceeding one week’s rent with Tenancy Services digitally within 23 working days of receipt.
  • Must provide the tenant with a receipt.

Healthy Homes Standards for Boarding Houses

All boarding houses, including those operated by Kāinga Ora and registered Community Housing Providers, are required to adhere to the healthy homes standards.

These standards outline minimum requirements concerning heating, insulation, ventilation, moisture and drainage management, and draught prevention in rental properties. If a boarding house fails to meet these healthy homes standards when mandated, it could face a fine of up to $7,200.

Download Boarding House Agreement by Tenancy Services.

Maintenance

Landlords must ensure boarding houses are safe, healthy, and in reasonable repair, including clean facilities like kitchens and bathrooms. Failure to do so may result in financial penalties. Tenants must keep their rooms clean and report damage or repairs promptly.

 Locks & Security

  • Rooms and houses must be secure with sufficient locks.
  • Tenants must always access their rooms and facilities. 
  • Tenants cannot alter or remove locks.

Smoke Alarms

Smoke alarms are mandatory:

  • Within 3 meters of bedrooms and on each level.
  • Photoelectric with long-life batteries or hard-wired.

Landlords must ensure alarms work at tenancy start and during tenancy. Tenants must not tamper with alarms and should replace batteries or report issues.

Resolving Problems

Disputes should be resolved through self-resolution and written agreements. If unresolved, serve a notice to remedy outlining the breach and a deadline for resolution. If unmet, apply to the Tenancy Tribunal for mediation or a hearing.

Tenants Giving Notice

Boarding house tenants can end their tenancy with 48 hours’ notice. Although not required, it’s recommended to provide written notice and keep a copy.

Retaliatory Notice

It’s illegal for landlords to issue retaliatory notices, such as ending a tenancy because the tenant stood up for their rights. Tenants can challenge this through the Tenancy Tribunal within 28 working days.

Tenant’s Responsibilities at the End of Tenancy

Tenants must:

  • Leave the boarding house and take their belongings.
  • Ensure their room is clean, tidy, and rubbish-free.
  • Return keys and security devices.
  • Leave landlord-provided items behind.

Bond Refunds

Upon tenancy end, the landlord and tenant should inspect the property. Tenants who meet their obligations should receive a bond refund.

  • Bonds over one week’s rent must be lodged with Tenancy Services. Submit a bond refund form for processing.
  • Bonds under one week’s rent are refunded directly by the landlord as per the agreement.

If a Tenant Dies or Abandons the Boarding House

If a tenant abandons the property with overdue rent, the landlord can:

  • Place a 24-hour notice on the tenant’s door before entering to check abandonment.
  • Attempt to contact the tenant’s emergency contact.

If abandoned, the landlord must give 48 hours’ notice to terminate the tenancy, placing the notice on the tenant’s door with the end date and time. And if a tenant dies, a boarding house tenancy ends 48 hours after the sole tenant’s death.

Tenancy Agreements Overview

A tenancy agreement is a contract between a landlord and tenant outlining their responsibilities. Agreements must be in writing, and a copy must be provided to the tenant before the tenancy begins. Even without a written agreement, the Residential Tenancies Act 1986 applies, and obligations cannot be avoided.

Tenants should carefully review the agreement, including all terms and conditions, and seek advice if needed before signing.

Key Tenancy Agreement Requirements

A tenancy agreement must include:

  • Full names and contact details (phone, email, and address) of the landlord and tenant(s).
  • Rental property address.
  • Dates the agreement is signed and the tenancy begins.
  • Rent amount, payment frequency, and method (e.g., bank details).
  • Bond amount and any fees charged.
  • List of chattels (e.g., furniture or fittings).
  • For fixed-term tenancies, the end date.
  • Signed insulation, healthy homes, and insurance statements.
  • Healthy homes compliance details (required for most agreements after 1 December 2020).

Record-Keeping Obligations

From 11 February 2021, landlords must keep records during the tenancy and for 12 months afterward, including:

  • Variations to the agreement.
  • Inspection reports.
  • Maintenance records for work requiring building or electrical consents.
  • Healthy homes compliance documentation.
  • Advertising and correspondence related to the tenancy.

Failing to provide required information or providing false details is an unlawful act.

Including Legal Names

All agreements must include:

  • Legal names for individuals, companies, or trusts (e.g., Jane and Mary
  • Brown as trustees for the Brown Family Trust).
  • If a property manager is involved, include the owner and property management company as landlords.

If the owner is excluded, the property manager assumes full landlord responsibilities.

Electronic Signatures

Electronic signatures are valid if both parties agree and meet requirements under the Contract and Commercial Law Act 2017. Digital signatures offer greater security than basic electronic ones.

Updating Contact Details

During the tenancy, parties must update the other within 10 working days if their contact details change, including phone, email, or address. For tenancies with a bond, notify Tenancy Services of changes within the same timeframe.

Insurance Statement

Since 27 August 2019, landlords must include insurance details in new tenancy agreements, specifying if the property is insured, the excess amount for tenant liability, and whether shared facilities are covered (for body corporate properties).

Landlords must inform tenants that insurance policies are available upon request unless already provided. Changes to this information must be communicated within a reasonable time.

Insulation Statement

From 1 July 2016, landlords must include an insulation statement in all new tenancy agreements, and it’s recommended for renewals. Since 1 July 2019, all rental properties must have ceiling and underfloor insulation where practicable.

The statement must disclose:

  • If insulation exists.
  • Its location (walls, ceiling, underfloor).
  • Type and condition.

Landlords can use a template or professional assessment, provided it includes all required information and is signed. If details are unavailable, landlords must explain why and confirm reasonable efforts to obtain them. Omitting this statement or providing false information can result in a penalty of up to $500.

Healthy Homes Standards Compliance

From 1 December 2020, most new or renewed agreements must include details on compliance with healthy homes standards.

Heating Standards Update:
If a landlord updates heating compliance using the new formula, they must provide updated information to tenants using the appropriate template.

Healthy Homes Intent to Comply Statement:
Since 1 July 2019, landlords must confirm in new, renewed, or varied agreements that:

  • They will comply with healthy homes standards after the tenancy begins.
  • Or, they already meet these standards.

This statement can be combined with the insulation statement and signed as part of the tenancy agreement. Templates for these statements are available for convenience.

Security of rental tenure – Tenancy Services Website

Assignment of tenancies – Tenancy Services Website

Tenancy law changes – Tenancy Services Website

Intent to comply statement PDF provided by Tenancy Services

Types of Changes

  1. Continue: A fixed-term tenancy automatically becomes periodic unless:
    Proper notice is given to end the tenancy.
    A new or extended fixed-term agreement is made by mutual consent.
    Healthy homes compliance dates remain unchanged.
  2. Extend: The tenancy end date is extended, but other terms remain the same.
    Tenant must notify the landlord in writing at least 28 days before the term ends.
    Healthy homes compliance dates remain unchanged.
  3. Vary: Changes are made to specific terms, such as pet rules or tenant responsibilities.
    Must be written, signed by both parties, and attached to the agreement.
    Healthy homes compliance dates remain unchanged.
  4. Renew: The tenancy is renewed on the same terms and conditions for a fixed period.
    Tenant must notify the landlord in writing at least 28 days before the term ends.
    Healthy homes compliance requirements depend on renewal dates.

Healthy Homes Compliance

  • From 1 July 2019, tenancy agreements must include an “intent to comply” statement.
  • Agreements signed or renewed after 1 July 2021 require a compliance statement.

Law Changes (Residential Tenancies Amendment Act 2020)

  • Agreements signed before 11 February 2021 exclude certain changes, such as security of tenure and tenancy assignment.
  • All law changes apply to periodic tenancies or renegotiated fixed-term tenancies after this date.

Recording Changes

  • All changes (extension, variation, or renewal) must be documented, signed by both parties, and attached to the tenancy agreement.
  • Changes must include details of the update, its effective date, and signatures from all tenants and the landlord.

Rent Increases

  • A rent increase notice does not require written agreement or tenant signatures but must comply with legal requirements.
  • Rent can increase if agreed upon due to property improvements or beneficial changes to tenancy terms, and this must be documented as a variation.

Discrimination in housing is prohibited under tenancy laws when it contravenes the Human Rights Act. When offering accommodation, selecting tenants based on the following criteria is illegal:

  • Gender
  • Religious or ethical beliefs
  • Race or color
  • Nationality, ethnicity, origin, or citizenship
  • Physical or mental disability or illness
  • Age
  • Political views
  • Employment status (e.g., if the person is unemployed or receiving benefits)
  • Marital and family status, including responsibilities for dependents
  • Sexual orientation

For instance, a landlord cannot refuse a potential tenant simply because they attend a specific church, nor can they alter a lease after it has been signed upon discovering that the tenant is unemployed.

Residential Tenancies Act

Provisions of the Residential Tenancies Act state that discrimination is unlawful in the following situations:

  • When determining whether to approve a tenancy application
  • When considering changes to an existing tenancy or its continuation
  • When deciding to terminate a tenancy

Moreover, it is also illegal to instruct someone else to carry out discriminatory practices. For example, a landlord cannot direct an agent to avoid renting to a single parent.

What actions can be taken in cases of discrimination?

If a tenant believes they have faced discrimination, they have the option to:

  • File a complaint with the Human Rights Commission
  • Submit an application to the Tenancy Tribunal

However, tenants must choose one course of action. It is advisable to seek guidance from both Tenancy Services and the Human Rights Commission before making a decision, as applying to one organization precludes applying to the other. Landlords may reach out to both entities to ensure their decisions comply with legal requirements.

Contracting in to the Act

If your living arrangement is not automatically covered by the Act, you have the option to opt in by mutual agreement. This process, known as ‘contracting in’, requires all parties involved to agree that the Act (or specific parts of it) will apply to their arrangement.

To formalize this, the agreement must:

  • Be in writing
    Clearly outline which sections of the Act will apply
  • Be signed and dated by all parties
  • Be kept on record by each person involved

This ensures clarity and legal protection for everyone in the agreement.

Tenants should carefully review the agreement, including all terms and conditions, and seek advice if needed before signing.

The Act Protects Tenants, not Flatmates

A tenant is someone who rents a property directly from a landlord and is named on the tenancy agreement. When multiple people rent and sign the tenancy agreement together, they share responsibility for the tenancy and must meet their obligations under the Act. A flatmate is someone who lives in the property but is not listed on the tenancy agreement. Flatmates are not covered by the Act and instead rely on agreements made with the tenant(s).

Boarding Houses and the Act

Boarding houses are covered under the Act, but they have special rules that apply to their tenancies.

Unlawful Residential Premises

The Act also applies to unlawful residential premises, which are properties that cannot legally be lived in. This includes situations where:

  • The property lacks proper consent for residential use or requires a legal change of use.
  • Unconsented building work makes the property uninhabitable.
  • The local authority has deemed the property unsafe or unsanitary.

Examples of potentially unlawful properties include:

  • Garages converted into living spaces
  • Residential units within commercial buildings (e.g., offices)
  • Unpermitted minor dwellings (e.g., granny flats)
  • A single house unlawfully divided into multiple self-contained units

If a rental property was unlawful at the start of the tenancy and remains unlawful, tenants have the right to end the tenancy with just two days’ notice. The Tenancy Tribunal has full authority over disputes regarding unlawful residential premises.

Landlords must ensure their rental properties meet legal living standards before leasing them. If in doubt, both landlords and tenants should check with their local council.

Not all living arrangements fall under New Zealand’s Residential Tenancies Act (the Act). The following types of tenancies are not covered by the Act:

Types of Arrangements Not Covered by the Act

  • Boarders – Residents in a boarding arrangement (except in cases where the Act applies)
  • Family members of the landlord – When tenants are relatives of the property owner
  • Student accommodation – Includes halls of residence and student hostels (some exceptions apply; see Section 5B of the Act)
  • Holiday homes – Properties rented for temporary holiday stays
  • Hotels and motels – Short-term commercial accommodations
  • Hospitals and rest homes – Health and aged-care facilities
  • Commercial tenancies – Properties leased for business purposes
  • Transitional and emergency housing – If funded by the government or provided under the Special Needs Grants Programme

Minors and the Act

A minor (under 18 years old) may not be legally bound by a tenancy agreement. If a landlord wants to enforce the agreement against a minor, they must apply to the Tenancy Tribunal, which will assess whether the agreement was fair and reasonable at the time it was made. The Contract and Commercial Law Act 2017 may also apply in such cases.

Flatmates and Tenancy Law

  • If a homeowner rents out a room to someone while living in the property, that person is considered a flatmate, not a tenant.
  • If a group rents a house together but some individuals do not sign the tenancy agreement, those individuals are considered flatmates, not tenants.

Since flatmates are not covered by the Act, their rights depend on the agreements they make with the named tenants.

Holiday Homes and Tenancy Law

The Act does not apply when a property is rented solely for holiday purposes (i.e., the tenant resides elsewhere and is only using the property temporarily).

If a property is being rented for an extended sabbatical or holiday, the landlord and tenant can choose to ‘contract in’ to the Act to clarify their legal rights.

Student Accommodation

Certain types of student housing, such as university halls of residence and student hostels, are exempt from the Act. These accommodations must have house rules, which providers must make accessible to students.

The New Zealand Qualifications Authority (NZQA) oversees the Code of Practice for Domestic Tertiary Students, ensuring fair treatment of student tenants.

Transitional and Emergency Housing

The Act does not apply to housing that is:

  • Funded (partially or fully) by a government department
  • Provided under the Special Needs Grants Programme

However, providers can choose to opt in by signing a written agreement with tenants specifying which parts of the Act will apply.

Tenancies That Are Covered by the Act

If a residential tenancy is not listed above or in Section 5 of the Act, it is most likely covered by the Residential Tenancies Act.

Bonds and Exempt Tenancies

  • If a tenancy is not covered by the Act, any bond collected should not be lodged with Tenancy Services, as the standard dispute resolution process will not apply.
  • If a bond has already been lodged for a tenancy not covered by the Act, Tenancy Services may contact the parties to arrange a refund.
  • For sublet arrangements where neither party intends to live at the property, bonds may be returned to the original payer.

Need Help?

If you’re unsure whether your leasing arrangement falls under the Residential Tenancies Act, contact Synergy Property at contact@synergyproperty.co.nz or call 027 774 5680 for further assistance.

Know Your Rights

Moving into your first flat is exciting but can be overwhelming. It’s important to understand the difference between tenants and flatmates—and how the law applies to you.

Tenants vs. Flatmates

  • Tenants sign the tenancy agreement and are covered by the Residential Tenancies Act 1986 (the Act).
  • Flatmates share the property but are not on the tenancy agreement, meaning they have no direct legal rights under the Act. Instead, their rights depend on their agreement with the tenant.

Flat-Sharing Agreements

Flatmates should document their arrangement with the tenant in writing. You can download our flat-sharing agreement template below. (This does not apply to boarding house tenants or other situations covered by the Act.)

Resolving Disputes

The Tenancy Tribunal only handles landlord-tenant disputes. Flatmate disputes must go through the Disputes Tribunal.

For assistance, contact:

 

 

Tenants must not use or manufacture meth

Using, possessing, selling, or manufacturing meth is illegal under the Misuse of Drugs Act 1975. Tenants who engage in these activities in a rental property are breaching the Residential Tenancies Act by using the property for an unlawful purpose.

Meth contamination also violates a tenant’s obligation to avoid intentional or careless damage. In most cases, tenants are liable for contamination caused by themselves or their guests.

The Tenancy Tribunal may impose a penalty of up to $1,000 on tenants who use a rental property unlawfully.

Methamphetamine Standards in New Zealand

The Residential Tenancies Act does not define an official threshold for meth contamination in rental properties. However, two key sources provide differing perspectives on what level poses a health risk. Landlords and tenants can use both as a reference.

NZS 8510:2017 – Testing and Decontamination of Methamphetamine-Contaminated Properties outlines industry best practices for testing and cleaning properties affected by meth. According to this standard, contamination is identified when meth levels exceed 1.5 µg/100 cm². For comparison, Australia sets its health intervention limit at 0.5 µg/100 cm², while most U.S. states use a stricter threshold of 0.1 µg/100 cm². Testing must be conducted following the procedures outlined in the standard.  

Taking a Meth-Related Claim to the Tenancy Tribunal

Before pursuing a claim with the Tenancy Tribunal, it’s important to assess all relevant information, including:

  • The New Zealand Standard
  • The Chief Science Advisor’s report
  • Previous Tribunal rulings, which provide insight into how contamination levels are evaluated

Additional factors to consider include:

  • The timing of testing and decontamination
  • Evidence of meth use or production within the property
  • Proof that the property was contamination-free at the start of the tenancy

Seeking independent legal advice and consulting your insurance provider is also recommended.

Download the standard (Standards New Zealand)
Tenancy Tribunal Decisions (Ministry of Justice Website)

Renting a Property with Natural Disaster Damage

Before renting a home affected by an earthquake or flood, consider the following:

  • Check Insurance: Ask the landlord if the property is insured. If not, check how this may affect your own insurance, like contents coverage.
  • Assess the Damage: Inspect the property, take notes, and ask about any damage.
  • Planned Repairs: If major repairs are needed, confirm with the landlord if and when they’ll happen, as you may need to relocate temporarily.