Understanding your rights as a tenant is crucial for ensuring a secure and fair rental experience. Tenancy laws in New Zealand protect landlords and tenants and create a balanced and harmonious rental market. As a tenant, your rights guarantee a safe and stable living environment.
Here, we provide a comprehensive overview of your tenants’ rights.
Tenancy Agreement
Before moving in, you and your landlord must sign a tenancy agreement. This agreement outlines the terms and conditions of the tenancy, including the rent amount, payment frequency and the rights and responsibilities of both parties. Be sure to read and understand the agreement thoroughly before signing it.
In most cases, you’ll be dealing with a Property Manager to finalise the details of your tenancy. They will walk you through the agreement to ensure your understanding.
Bond
Landlords typically require a bond. Usually, this is the equivalent of four weeks’ rent. The bond acts as security against any potential damage or unpaid rent. It must be lodged with Tenancy Services, a government agency, for safekeeping throughout the tenancy.
Rent and Rent Increases
Your tenancy agreement should clearly state your rent amount and frequency. Your landlord cannot increase the rent arbitrarily; they must provide you with 60 days written notice before implementing any rent changes.
Repairs and Maintenance
Your landlord is responsible for maintaining the property and ensuring a liveable condition. If repairs are needed, report them to your property manager or landlord immediately, whichever is your assigned point of contact. A property manager will address any issues within a reasonable time frame. If you deal with your landlord directly, you may request assistance from the Tenancy Tribunal if they are unresponsive.
Privacy and Access
Your property manager or landlord must give you at least 48 hours notice before entering the property, except in emergencies. Access to the property should be for legitimate reasons only, such as inspections or repairs.
Discrimination
It is illegal for a landlord to discriminate against you based on race, gender, religion, sexual orientation, or disability. Every tenant should be treated equally and fairly under the law.
Ending the Tenancy
Both you and your landlord have specific notice periods when ending the tenancy. For periodic tenancies, you must give 21 days written notice, while landlords must provide 90 days’ notice (subject to some exceptions). Fixed-term tenancies typically end on the specified date in the agreement unless both parties agree otherwise.
Quiet Enjoyment
You have the right to enjoy the property without undue interference from the landlord. They should not disturb your peaceful enjoyment of the premises.
Fair Trading Act
Landlords must adhere to the Fair Trading Act, ensuring they do not engage in deceptive or misleading conduct regarding the property, rent, or tenancy terms.
Tenancy Tribunal
If you cannot resolve a dispute between you and your landlord, you can apply to the Tenancy Tribunal for assistance and resolution.
Knowing your rights as a tenant empowers you to advocate for yourself and ensures a positive and respectful renting experience. Always seek advice from your property manager or if you deal with your landlord directly, refer to the Residential Tenancies Act and seek advice from Tenancy Services or a legal professional if needed.