Residential Tenancy Agreement

Tenancy

RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 1

Residential Tenancy

Agreement

HOW TO USE THIS AGREEMENT

1. This is a legally binding contract.

2. All tenancy agreements must be in writing. A separate

form of tenancy agreement for use for a Boarding House

Tenancy is available on our website.

3. This agreement must be completed in full and signed by

the tenant and landlord.

4. The landlord must provide the tenant with a copy of this

agreement prior to the commencement of the tenancy.

5. If the property is a Unit Titles property, a copy of the

mostrecent Body Corporate rules must be a ached to

thisagreement.

6. The rights and obligations set out in the Residential

Tenancies Act 1986 are implied in every residential tenancy

agreement (see pages 2, 3 and 4 of this agreement for

abrief outline of some of the key provisions of the

Residential Tenancies Act 1986).

7. No terms or conditions added to this agreement are valid

ifthey are contrary to the Residential Tenancies Act 1986.

8. Landlords must include a signed statement with any new

tenancy agreement that covers what insulation a property

has in the ceilings, ﬂoors and walls, including where it is,

what type and what condition. This information can be

provided in the healthy homes standards compliance

statement included in this agreement (page 8).

9. From 1 December 2020, most new or renewed tenancy

agreements must also include speciﬁc information about

the landlord’s current level of compliance with the healthy

homes standards. For information on when a healthy

homes compliance statement is required, head to this

pageon our website: www.tenancy.govt.nz/healthy-

homes/compliance-statement

10. Landlords must also provide a statement to conﬁrm

theywill comply, or already do comply, with the healthy

homes standards. This statement can be combined with

the healthy homes standards compliance statement,

withone signature.

11. Landlords must include a statement about whether

theproperty is insured, and if so, what the excess is.

Theymust also include a statement informing the tenant

that a copy of their insurance policy is available on request.

12. All rental properties must meet the requirements in

regulations regarding insulation and smoke alarms.

13. Before signing this agreement all parties should carefully

read it and seek information from Tenancy Services if

theyare unclear about what they are agreeing to.

14. The parties must record their full names correctly.

15. If a bond is paid, a Bond Lodgement Form must also

be completed.

16. Bonds must be lodged with Tenancy Services within

23 working days of being paid. This can be done online.

17. Parties to tenancy agreements are subject to the

provisions of the Privacy Act 2020. Any information

provided on this agreement shall not be used or disclosed,

without consent, for any purpose other than the

administration of the tenancy or to pursue legal action.

18. Leing fees can’t be charged to tenants.

19. If there is a problem between the tenant and landlord,

andthey can’t agree, Tenancy Services can help sort

it out. Visit www.tenancy.govt.nz/disputes or call us

forfree information on 0800 836 262.

MB_TEN0004 / 7034 08/21

www.tenancy.govt.nz

Tenancy

RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 2

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. Visit www.tenancy.govt.nz/disputes/self-resolution or call us for free information on 0800 TENANCY

(0800836 262)

1. Agreement

› Each party should keep a copy of this tenancy agreement.

› Changes in the particulars of either party must be notiﬁed

to the other party within 10 working days.

› This contract may not be enforceable against a tenant

under the age of 18 (a minor). The Contract and Commercial

Law Act 2017 may apply.

2. Contact details

› Each party must provide an email address and mobile

phone number if they have them.

› Each party must supply a physical address for service

in New Zealand where notices and other documents

relating to the tenancy will be accepted by them, or on

their behalf, even aer the tenancy has ended. Tenants

who supply the rental address as their address for service

should update this at the end of the tenancy. Parties may

also supply an additional address for service which can

include a PO Box, email or facsimile.

› If the landlord is going to be out of New Zealand for more

than 21 days and has to appoint an agent, the landlord

must give the tenant the agent’s name, contact address,

mobile phone number (if any), email address (if any) and

address for service.

3. Rent

› Landlords shall not require rent to be paid more than

2 weeks in advance, nor until rent already paid has been

used up.

› 60 days’ wrien notice must be given for rent increases.

› Rent shall not be increased within 12 months of the start

of the tenancy or the last rent increase.

› Also for rent to be increased in a ﬁxed-term tenancy,

it must be stated in the tenancy agreement.

› Receipts must be given immediately if rent is paid in cash.

4. Bond

› A bond is not compulsory, but a landlord may require

a bond of up to 4 weeks’ rent.

› Bonds must be lodged with the Ministry of Business,

Innovation and Employment within 23 working days

ofbeing paid.

› Receipts must be given for bond payments.

› If the property is sold, the landlord’s rights with regard

tothe bond pass to the purchaser of the property.

› The bond covers any damage or loss to the landlord

if the tenant’s obligations are not met, but does not

coverfair wear and tear.

5. 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 requirements

that apply to the premises.

› Comply with all requirements in respect of smoke alarms

imposed on the landlord by regulations.

› Landlords need to have working smoke alarms installed in

all their residential rental homes. Any replacement alarms

installed aer 1 July 2016 (other than hard-wired systems)

need to have long life baeries and a photoelectric sensor.

› Pay rates and any insurance taken out by the landlord.

› Not seize the tenant’s goods for any reason.

› Inform the tenant if the property is on the market for sale.

› Not interfere with the supply of any services

to the premises.

› If the landlord is in breach of these responsibilities,

the tenant(s) can apply to the Tenancy Tribunal.

› Appoint an agent and notify the tenant and Bond Centre of

the agent’s details whenever leaving New Zealand for more

than 21 consecutive days.

› Inform the tenant of any changes to the information in the

insurance statement within a reasonable time.

6. Tenant’s responsibilities

› Pay the rent on time.

› Keep the premises reasonably clean and tidy, and notify

the landlord as soon as any repairs are needed. You may

not withhold rent if you cannot get repairs done.

› Use the premises principally for residential purposes.

› Pay all electricity, gas, telephone, and metered

water charges.

› Replace baeries in smoke alarms as required.

› Not damage or permit damage to the premises, and to

inform the landlord of any damage.

› Not disturb the neighbours or the landlord’s other tenants.

› Not alter the premises without the landlord’s wrien

consent.

› Not use the property for any unlawful purpose.

› Leave the property clean and tidy, and clear of rubbish

andpossessions at the end of the tenancy.

› At the end of the tenancy, leave all keys and such things

with the landlord. Leave all chaels supplied with the

tenancy.

› If a maximum number of occupants is stated in the

tenancyagreement, not exceed that number.

7. Rights of entry

The landlord shall enter the premises only:

› with the tenant’s consent at the time of entry

› in an emergency

Tenancy

RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 3

› for necessary maintenance or repairs, compliance

or preparation for compliance with any requirements

regarding smoke alarms, insulation and healthy homes

standards, from 8 am to 7 pm, aer 24 hours’ notice

› for an inspection of the property or work done by the

tenant, from 8 am to 7 pm aer 48 hours’ notice

› with the tenant’s prior consent, to show the premises

toprospective tenants, purchasers, registered valuer

orreal estate agent doing an appraisal, or other expert

engaged in appraising the premises (consent may not be

unreasonably withheld but reasonable conditions may

beimposed)

› to test for contamination from 8am to 7pm, aer 48 hours’

notice.

8. Subletting and assignment

› If not expressly prohibited by the landlord, the tenant may

sublet or part with possession with the landlord’s prior

wrien consent.

› Consent may not be unreasonably withheld unless

subleing is totally prohibited by this agreement.

› Landlords must consider all requests from tenants to

assign a tenancy and cannot withhold consent

unreasonably.Aprovision in a tenancy agreement

prohibiting assignment is of no eﬀ ect. These rules do not

apply to a social housing tenancy covered by section 53B(1)

(a) of the Residential Tenancies Act 1986 if assignment is

prohibited under this agreement.

› The tenant(s) must not assign the tenancy without the

prior wrien consent of the landlord.

9. Making changes to the property

› Landlords must consider all requests from tenants for

changes to the rental property, and must not withhold

consent for a minor change (ﬁxture, renovation, alteration,

or addition), but may aach reasonable conditions.

Responses to requests must be provided inwriting

within21 days.

› The tenant(s) must not make any changes without the

prior wrien consent of the landlord.

› The tenant(s) must return the property to a condition

thatis substantially the same as the condition that the

property was in before any minor changes were made.

However, the landlord and tenant may agree to a diﬀerent

arrangement in relation to the minor change for the end of

the tenancy (for example, that the minor change will

remain in place).

› Please check the www.tenancy.govt.nz website for further

information.

10. Installation of ﬁbre internet connection

Landlords must permit the installation of a ﬁbre internet

connection to the rental property if:

› there is no ﬁbre connection in the premises; and

› it is possible to install a ﬁbre connection in the premises;

and

› the tenant requests a ﬁbre connection; and

› the ﬁbre connection can be installed at no cost to the

landlord (for example, because the cost is covered by the

UFB Initiative).

Under some circumstances a landlord is not required

to permit installation. There are rules for how landlords

must respond to and facilitate requests for installation.

Please check the www.tenancy.govt.nz website for further

information.

11. Locks

Locks can only be changed with the agreement of both

the tenant and the landlord. They should be provided and

maintained in a secure state by the landlord.

12. Insulation

› Landlords must disclose the extent of insulation in

theirproperties in a signed statement as part of any

newtenancy agreement.

› Landlords must provide ceiling and underﬂoor insulation

that meets minimum standards unless they meet an

exception. In the case of an exception, the landlord must

explain how it applies.

› Landlords must make all reasonable eﬀorts to obtain

therequired information. This includes physically looking,

engaging a professional to do an assessment and/or

checking the council building ﬁle.

› This information can be included in the healthy homes

standards compliance statement included in this

agreement as a combined statement.

13. Insurance

› Landlords must disclose whether or not the property

isinsured in a statement as part of any new tenancy

agreement, and if so, the excess amount of any relevant

policies. They must also include a statement informing

thetenant that a copy of their insurance policy is available

onrequest.

› Landlords must provide tenants with this insurance

information (if requested within a reasonable timeframe)

and provide updated information within a reasonable

timeframe if insurance information changes, or (where

they are not the insurance holder) within a reasonable

timeframe of becoming aware of the changes.

› If tenants or their guests damage a rental property as a

result of careless behaviour, the tenant is liable for the

costof the damage up to four weeks’ rent or the insurance

excess (if applicable), whichever is lower. Tenants on

income-related rents are liable for the cost of the damage

up to four weeks’ market rent or the insurance excess

(ifapplicable), whichever is lower.

› Tenants will be liable for the full cost of damage that they or

their guests cause intentionally or that results from an act

or omission that constitutes an imprisonable oﬀence.

14. Healthy Homes Standards

From 1 December 2020, landlords must include a statement

inmost new and renewed tenancy agreements, which includes

details of the property’s current level of compliance with the

healthy homes standards. This requirement is provided in

regulations 34-39 of the Residential Tenancies (Healthy

HomesStandards) Regulations 2019.

Tenancy

RTA01 Residential Tenancy Agreement www.tenancy.govt.nz PAGE 4

Landlords must include a statement in the tenancy agreement,

which conﬁrms:

› that on and aer the commencement of the tenancy, the

landlord will comply with the healthy homes standards as

required by section 45(1)(bb) of the Residential Tenancies

Act, or

› that the landlord already complies with the healthy homes

standards as required by section 45(1)(bb) of the

Residential Tenancies Act.

This statement can be combined with the healthy homes

standards compliance statement included in this agreement,

with one signature.

15. Notice to terminate tenancy*

Fixed-term tenancies

Fixed-term tenancy agreements that are entered into

from11February 2021 and are for longer than 90 days,

willautomatically convert to a periodic tenancy at the

endofthe ﬁxed-term unless:

› the landlord gives wrien notice using one of the reasons

listed in the Residential Tenancies Act for terminating a

periodic tenancy with the same required notice period

(seebelow) to end the tenancy on the ﬁxed term expiry; or

› the tenant gives wrien notice (no reason is required) at

least 28 days before the end of the tenancy, of their

intention to not continue with the tenancy; or

› before the expiry, both landlord and tenant agree to

extend, renew, or end the ﬁxed-term tenancy.

Periodic tenancies

Tenants terminating a periodic tenancy must give at least

28days’ written notice. Tenants may end the tenancy for

anyreason, and do not need to give a reason to the landlord.

Landlords are no longer able to terminate a periodic tenancy

without cause (without a reason) by providing 90 days’

written notice.

The landlord may give 63 days’ notice in writing – and must

state the reason for termination if:

› the premises are required as the principal place of

residence for the owner or any member of that owner’s

family, and is to be lived in within 90 days aer the

termination date, for at least 90 days; or

› the landlord customarily uses the premises for occupation

by employees or contractors and the premises are needed

for that purpose (and this is stated in the tenancy

agreement).

The landlord may give 90 days’ notice in writing – and must

state the reason for termination if:

› the owner intends to put the premises on the market

within 90 days aer the termination date

› the property has been sold with a requirement by the

owner for vacant possession

› the landlord is not the owner of the property, and the

landlord’s interest is due to end

› the premises need to be vacant to facilitate the use of

nearby land for a business activity (and this is stated in

thetenancy agreement)

› the landlord wants to change the use of the premises

toacommercial use for at least 90 days

› the landlord intends to carry out extensive alterations,

refurbishment, repairs, or redevelopment at the property

within 90 days of the termination date (or material steps

taken) and it would not be reasonably practicable for the

tenant to live there during that process

› the premises are to be demolished within 90 days of the

termination date (or material steps taken).

*This is not an exhaustive list of ways a tenancy may be

terminated.

The tenant can terminate the tenancy with two days’ notice if

the property was an unlawful residential premises at the start

of the tenancy and it is still an unlawful residential premises.

This applies to both ﬁxed term and periodic tenancies.

16. Termination by Tribunal

The landlord may apply to the Tenancy Tribunal for a

termination order where:

› the rent is 21 days in arrears

› the tenant has caused or threatened to cause substantial

damage to the premises

› the tenant has assaulted, or threatened to assault,

the landlord, a member of the landlord’s family,

or a neighbour

› the tenant has failed to comply with a 14 days’ notice

to remedy a breach

› the premises are unlawful residential premises.

The landlord may apply to the Tenancy Tribunal for a

termination order of a periodic tenancy if:

› the landlord has given the tenant a wrien notices on

three separate occasions for anti-social behaviour within

any 90-day period; or

› the landlord has given the tenant a wrien notice on three

separate occasions when the tenant has missed their rent

payment and this has remained unpaid for at least ﬁve

working days within a 90-day period.

The landlord must apply to the Tenancy Tribunal within 28 days

of issuing the third notice. More information is available at

www.tenancy.govt.nz

A tenant may apply to the Tenancy Tribunal for a work order,

compensation or to terminate the tenancy, if the landlord has

breached the tenancy agreement or the Residential Tenancies

Act, or if the property is an unlawful residential premises.

17. 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.

18. Unit Title Property

The landlord must notify the tenant of any variations to body

corporate rules affecting the premises.

ResidentialTenancyAgreement

Addressoftenancy

1ExampleStreet,Exampleville,ExampleTown0000

Landlorddetails

Name:LandlordExample

Addressforservice:2ExampleRoad,Exampleville,ExampleTown0000

Phonenumber:020000000

Emailaddress:landlord_example@myrent.co.nz

(Thisemailaddresswillbeusedasanaddressforservice)

Tenantsdetails

Name:Tenant1Lastname

Physicaladdressforservice:1ExampleStreet,Exampleville,ExampleTown0000

Identification:DriverLicence,Number:DR123456,Version:789

Phonenumber:029999999

Emailaddress:tenant1@myrent.co.nz

(Thisemailaddresswillbeusedasanaddressforservice)

Thistenantisovertheageof18years.

Name:Tenant2Lastname

Physicaladdressforservice:1ExampleStreet,Exampleville,ExampleTown0000

Identification:DriverLicence,Number:DR988800,Version:321

Phonenumber:028888888

Emailaddress:tenant2@myrent.co.nz

(Thisemailaddresswillbeusedasanaddressforservice)

Thistenantisovertheageof18years.

Tenancydetails

Thistenancyisfixed-term.Thetenancywillstarton1August,2022andwillendon31July,2023.

Note:Fixed-termtenanciesenteredintofrom11February2021willautomaticallyconverttoperiodic

tenancyagreementsattheendofthefixed-term,unless:

thelandlordgiveswrittennoticeusingoneofthereasonslistedintheResidentialTenanciesAct

1986forterminatingaperiodictenancy(withtherequirednoticeperiod)toendthetenancyonthe

fixed-termexpiry,or

thetenantgiveswrittennotice(noreasonrequired)oftheirintentiontonotcontinuewiththe

tenancyatleast28daysbeforetheendofthetenancy,or

beforetheexpiry,boththelandlordandtenantagreetoextend,reneworendthefixed-termtenancy.

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Rentdetails

Theweeklyrentamountis$600.00,andwillbepaidweekly.

Thefirstrentpaymentisdueon1August,2022.

Bankaccount

Thebankaccountforrentpaymentsis:

Bankaccountnumber:06-0323-0477954-00

Bankaccountname:myRentLimited

Bonddetails

Thebondamountforthistenancyis $2,400.00.

Additionalclauses

Maxoccupants

Amaximumof2occupantsmayliveatthisrentalproperty.

Smoking

Occupantsarestrictlyprohibitedtosmokeindoors.

Sublettingandassignment

Thetenantmustnotsubletthetenancyorpartwithpossession(excludingassignment).Assignmentis

permittedonlywiththelandlord’swrittenconsent.Consentmaynotbeunreasonablywithheld.Thetenant

shallnotusethepremisesforanytypeofshort-termaccommodationpurposeswithoutthewritten

permissionofthelandlord.

Pets

Petsarenotpermittedatthisrentalproperty.

Chattels

Blinds

Curtains

Heatpump

Electricoven

Electricstovetop

Smokealarms

Landlordsmustmakesureworkingsmokealarmsareinstalledinallrentalpremises.Thesemustmeetthe

requirementssetoutbelow.Landlordsthatdon’tcomplyarecommittinganunlawfulact.Tenantsalso

haveresponsibilitiesforsmokealarms,whicharesetoutbelow.Tenantsthatdon’tcomplyarecommitting

anunlawfulact.

Landlordsmustensure:

Thereisatleastoneworkingsmokealarmineachbedroomorwithinthreemetersofeachbedroom

door.Thisappliestoanyroomapersonmightreasonablysleepin

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Thereisatleastoneworkingsmokealarmoneachstoryorlevel(evenifnoonesleepsthere)

Thereisatleastoneworkingsmokealarminanycaravan,sleep-outorsimilar

Noneofthesmokealarmshaveexpiredorarepassedtherecommendedreplacementdate

Alarmsinstalledafter1July2016(otherthanhard-wiredsystems)arelong-lifephotoelectricsmoke

alarmsthathaveabatterylifeofatleasteightyearsandmeetthestandardsrequired

Allsmokealarmsareproperlyinstalledinaccordancewithmanufacturer’sinstructionsandare

workingatthestartofeachnewtenancy

Tenantsmust:

Notdamage,remove,ordisconnectasmokealarmoritsbatteries,unlesstheyarereplacingworn

batteries.Replacebatteriesduringthetenancyasneeded(iftherearesmokealarmswith

replaceablebatteries)

Letthelandlordknowifthereareanyproblemswiththesmokealarmsassoonaspossible

Insurancestatement

Asignedinsurancestatementisattachedtothisagreement.

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Signatures

Thelandlordsandtenantsmustsignheretoshowthattheyhavereadtheagreementandattached

documentsinfullandthattheyagreetoallthetermsandconditionsoutlinedinthetenancyagreement.

Bysigningthisagreement,youareenteringalegallybindingcontract.

Landlords Tenants

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28/7/2022

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28/7/2022

Landlord Example

28/7/2022

Tenancy

INSURANCE STATEMENT



www.tenancy.govt.nz ATTACH THIS STATEMENT TO THE TENANCY AGREEMENT

INSURANCE STATEMENT

This insurance statement is for landlords, property managers and boarding house managers who can attach it to their

own tenancy agreement.

Law changes relating to insurance and damage

› From 27 August 2019, the law requires landlords to disclose whether or not the property is insured in a statement as part

ofany new tenancy agreement, and if so, the excess amount of any relevant policies. Landlords need to include information

about insurance that is relevant to the tenant’s liability for damage to premises.

› If the rental property is part of a body corporate, landlords will need to include relevant insurance information for both

damage to the rental property itself, and the shared facilities.

› They must also include a statement informing the tenant that acopy of their insurance policy is available on request.

Thisensures that the tenant knows what actions or omissions could invalidate the insurance policy and also helps the

tenantto know what is covered by insurance and the excess payable on the insurance policy.

› Landlords must provide tenants with this insurance information (if requested within a reasonable timeframe) and provide

updated information within a reasonable timeframe if insurance information changes, or (where they are not the insurance

holder) within a reasonable timeframe of becoming aware of the changes.

› If tenants or their guests damage a rental property as a result of careless behaviour, the tenant is liable for the cost of the

damage up to four weeks’ rent or the insurance excess (if applicable), whichever is lower. Tenants on income-related rents are

liable for the cost of the damage up to four weeks’ market rent or the insurance excess (if applicable), whichever is lower.

› Tenants will be liable for the full cost of damage that they or their guests cause intentionally or that results from an act or

omission that constitutes an imprisonable oﬀence.

Insurance statement

Landlords must either complete this form or attach a statement containing the same information.

Address of tenancy

There is insurance covering this rental property that is relevant to tenant’s liability for damage

to premises, including damage to body corporate facilities. Yes No

The table below speciﬁes the excess amounts of all relevant insurance policies for this property.

Name/type of policy Insurer Excess amount

. 

. 

. 

. 

The insurance policy for this property is available for the tenant if they request it. This ensures that the tenant knows what

actions or omissions could invalidate the insurance policy and also helps the tenant to know what is covered by insurance and

theexcess payable on the insurance policy.

If these insurance details change and theinformation above or the policy documents are no longer correct, you must provide the

correct information to your tenant within a reasonable time.

TEN 4700 DEC19

1 Example Street, Exampleville, Example Town 0000