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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
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
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.
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 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.
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.
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.
Hiring a property manager for your residential property safeguards your investment and retain quality tenants while handling key tasks such as:
As a landlord, selecting the right property manager is crucial; here are some questions to ask.
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:
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.)_
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.
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.
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).
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.
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.
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.
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.
Recognised Seasonal Employers list – NZ Immigration
Employee rights — Employment New Zealand
Safe working environments — Worksafe
Worker accommodation — Worksafe
Download Service Tenancy Guideline – Tenancy Services.
A service tenancy provides accommodation for employees during their employment. These tenancies are covered by the Residential Tenancies Act 1986 (RTA), requiring:
Application for the Built-to-rent Exclusion — HUD
Property interest limitation rules — Inland Revenue
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.
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 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:
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:
Boarding house landlords can set house rules covering services, facility use, and behavior. Examples include:
Landlords must:
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.
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:
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.
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.
Smoke alarms are mandatory:
Landlords must ensure alarms work at tenancy start and during tenancy. Tenants must not tamper with alarms and should replace batteries or report issues.
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.
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.
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.
Tenants must:
Upon tenancy end, the landlord and tenant should inspect the property. Tenants who meet their obligations should receive a bond refund.
If a tenant abandons the property with overdue rent, the landlord can:
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.
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.
A tenancy agreement must include:
From 11 February 2021, landlords must keep records during the tenancy and for 12 months afterward, including:
Failing to provide required information or providing false details is an unlawful act.
All agreements must include:
If the owner is excluded, the property manager assumes full landlord responsibilities.
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.
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.
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.
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:
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.
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:
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
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:
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.
Provisions of the Residential Tenancies Act state that discrimination is unlawful in the following situations:
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.
If a tenant believes they have faced discrimination, they have the option to:
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.
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:
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.
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 are covered under the Act, but they have special rules that apply to their tenancies.
The Act also applies to unlawful residential premises, which are properties that cannot legally be lived in. This includes situations where:
Examples of potentially unlawful properties include:
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:
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.
Since flatmates are not covered by the Act, their rights depend on the agreements they make with the named tenants.
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.
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.
The Act does not apply to housing that is:
However, providers can choose to opt in by signing a written agreement with tenants specifying which parts of the Act will apply.
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.
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.
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.
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.)
The Tenancy Tribunal only handles landlord-tenant disputes. Flatmate disputes must go through the Disputes Tribunal.
For assistance, contact:
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.
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.
Before pursuing a claim with the Tenancy Tribunal, it’s important to assess all relevant information, including:
Additional factors to consider include:
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)
Before renting a home affected by an earthquake or flood, consider the following: