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Compliance checklist

for landlords and

property managers

Welcome to the compliance checklist

forlandlords and property managers

This compliance checklist has been created for landlords

andproperty managers so you can see how well you are

measuring up to minimum requirements of tenancy laws

inyourrental properties.

Using the compliance checklist is a step that you can take

towards ensuring that you are meeting your obligations

under the Residential Tenancies Act 1986 and healthy

homesstandards.

It’s important to remember if you are a landlord of a boarding

house, you have additional responsibilities you must meet.

How to use the checklist:

› Create a full property list (template 1)

› Create an audit tenant list (template 2)

› Complete tenancy audit for each tenant

Landlord compliance checklist

www.tenancy.govt.nz

Template 1: Complete list of your tenancies

Tenant name(s) Address of property (please include postcode) Tenancy start date

(dd/mm/yyyy)

Tenancy end date

(if applicable)

Template 2: Selected list of tenancies for audit

Tenant name(s) Address of property Type of

property

(seekey)

Type of

agreement

(see key)

Weekly rent Bond paid

(ifany)

Bond number Tenancy

startdate

Tenancy

end date

(ifapplicable)

Key

Type of property Type of agreement

H = House P = Periodic tenancy

F = Flat FT = Fixed-term one year or more

A = Apartment SFT = Short ﬁxed-term (90 days or less)

TH – Townhouse or unit FT3-12 = Fixed-term of more than 90 days but less than one year

BHR = Boarding house room BHT = Boarding house tenancy agreement

SRH = Single room in a house

Individual tenancy checklist

Section 1: Residential Tenancy Agreement

Yes No

1.1 Do you have a written tenancy agreement?

1.2 Does your agreement include all of the following?

1.2.1 The full name and contact address of the landlord?

1.2.2 The landlord’s contact mobile telephone number (if any)?

1.2.3 The landlord’s contact email address (if any)?

1.2.4 The landlord’s address for service? Also see Address for Service

1.2.5 The tenant’s contact mobile telephone number (if any)?

1.2.6 The tenant’s contact email address (if any)?

1.2.7 The address of the premises?

1.2.8 The date the tenancy agreement is signed?

1.2.9 The date of commencement of the tenancy (where that is different from the date

that the tenancy agreement is signed)?

1.2.10 The full name and contact address (where that is different from the tenancy

address) of the tenant?

1.2.11 The tenant’s address for service (where it is different from the tenancy address)?

1.2.12 Whether a named tenant is under the age of 18?

1.2.13 The amount of any bond payable and conﬁrmation of any amount received?

1.2.14 The rent payable?

1.2.15 The frequency of the rent payments (weekly or fortnightly)?

1.2.16 The place or bank account number where the rent is to be paid?

1.2.17 A list of any chattels provided by the landlord?

1.2.18 If the tenancy is a ﬁxed-term tenancy, the date on which the tenancy will

terminate? Also see Minimum contents of a tenancy agreement for additional

signed statements that need to be included in tenancy agreements.

1.3 Does your agreement include a pre-tenancy inspection report form to be signed by

bothparties?

1.4 Do you ensure that there are no clauses in your tenancy agreements that contradict the

Act or cause the tenant to waive or reduce their rights or take on greater obligations than

those stated in the Act? Also see Adding conditions to the tenancy agreement

1.5 When the tenant signs the agreement do you ensure they receive a copy before the

commencement of the tenancy?

1.6 If you and the tenant agree to a variation to the terms during the tenancy, do you record

those in writing?

1.7 How do you ensure you are recording the tenant’s legal names? Do you ask for

identiﬁcation when renting out the property?

1 https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/address-for-service/

2 https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/

3 https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/adding-conditions-to-the-tenancy-agreement/

1.8 If the tenancy started after 1 July 2016, do you have a separately signed statement

thattells the tenant the location, type and condition of any insulation in the property?

Also see Tenancy Agreements

1.9 For any new, varied or renewed tenancy agreements after 1 July 2019, do you have a

separately signed statement that you will, or do already, comply with the healthy homes

standards? Alsosee Tenancy Agreements. This statement and the above insulation

statement can be combined with one signature.

1.10 If the tenancy started after 27 August 2019, do you have a separately signed statement

outlining whether or not the property is insured? If you do have insurance, your statement

must include the excess amount of any policies relevant to the tenant’s liability for

destruction or damage to the property, and state that a copy of the insurance policy is

available to the tenant on request.

1.11 From 1 December 2020, be sure to include a signed healthy homes standards compliance

statement, which provides information about landlords’ current level of compliance

with the healthy homes standards. This statement is required for most new or renewed

tenancies.

1.12 For tenancies that are part of a Body Corporate – do you supply a copy of the Body

Corporate rules to the tenant at the start of the tenancy (or before) and does your

tenancyagreement refer to them as being part of the terms of the agreement?

1.13 Is the tenancy agreement signed by the landlord(s) and all tenants (where there is more

than one tenant named on the agreement)?

Examples of documents that are likely to demonstrate your compliance with the Act:

› Residential Tenancy Agreement

› Separately signed statements that are added to the agreement with regard to insulation

(location, type and condition), combined with the agreement that you will, or do already,

comply with the healthy homes standards (for new, varied or renewed tenancies after 1 July 2019)

› From 1 December 2020, a signed healthy homes standards compliance statement

› Pre tenancy application form template

› Tenancy property inspection report (conducted with tenant) template

› Any forms/templates used to vary the terms or extend or renew tenancy agreements

4 https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/

5 https://www.tenancy.govt.nz/starting-a-tenancy/tenancy-agreements/

6 https://www.tenancy.govt.nz/assets/compliance-statement.pdf

7 https://www.tenancy.govt.nz/assets/compliance-statement.pdf

Section 2: Records

Yes No

2.1 Do you have a rent record that shows all payments of rent paid by or on behalf of

thetenant?

2.2 Are your rent records kept up to date so as to enable you to provide a record to the

tenant, should they request it, within a reasonable timeframe?

2.3 Do you have a record of the bond paid by the tenant?

2.4 Do you keep your rent and bond records for seven tax years after the tax year to which

they relate?

2.5 Do you keep the following during and for 12 months after the termination of the tenancy?

2.5.1 The tenancy agreement and any variations or renewals of it (or copies?)

2.5.2 Any inspection reports for inspections carried out at the premises during the

tenancy (or copies)?

2.5.3 Records of any maintenance or repair work carried out at the premises by or for the

landlord during the tenancy (or copies)?

2.5.4 Any notices or letters, emails or other forms of correspondence between the

landlord (or a person acting on the landlord’s behalf) in relation to the tenancy

(orcopies)?

2.6 Do you use standard template letters that comply with the requirements under the Act?

(For example, a template letter for giving 90 days’ notice or 42 days’ notice to terminate

a periodic tenancy) For guidance: Giving notice to end a tenancy

, Breaches of the Act

Access

2.7 Have you included an insurance statement that discloses whether or not there is

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

premises, which includes the excess amount of relevant policies?

2.8 Do you record a ‘tenant history’ including all interactions with the tenants? For example:

contact from or to the tenant, visits and inspections and any notices given or received?

2.9 Do you retain relevant records or documents that provide evidence of your compliance

with healthy homes standards?

Examples of documents that are likely to demonstrate your compliance with the Act (can include, but is not

limited to the following):

› 14 day letters to remedy for non-payment of rent

› 14 day letters to remedy for other breaches

› Termination notice for periodic tenancies

› Notice given to advise the tenant that a ﬁxed-term will not become periodic at the end of the tenancy

(to be given between the 90th and 21st day before the end of thetenancy)

› Notices of entry for inspections or necessary maintenance/repairs

› Rent increase notices

› Rent summaries

8 https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/

9 https://www.tenancy.govt.nz/disputes/breaches-of-the-residential-tenancies-act/

10 https://www.tenancy.govt.nz/maintenance-and-inspections/access/

11 https://www.tenancy.govt.nz/assets/Uploads/ﬁles/insurance-statement.pdf)

Examples of documents that are likely to demonstrate your compliance with the healthy homes standards

(can include but are not limited to):

› Building Code compliance certiﬁcate

› Records of any installation, maintenance or repair, or other work carried out at thepremises

› Product manuals or other manufacturer’s information

› Records of calculations of a living room’s required heating capacity

› Professional evaluation performed by a relevant professional

› Certiﬁcate of acceptance or other documents issued under, or for the purposes of, anenactment or a bylaw

(for example a code compliance)

› Photographic evidence of compliance

› Reports or other documents issues by a local authority in relation to the rental property (eg, a Land

Information Memorandum (LIM) report)

› Documents or records relating to the construction of, or work carried out at the rentalproperty.

Landlords are reminded that any personal information that they gather or hold must be treated in

accordance with the Privacy Act 2020. Landlords should make themselves aware of any available privacy

guidelines issued by the Privacy Commissioner that relate to collection of personal information.

Section 3: Maintenance

Yes No

3.1 Before looking for a tenant and renting out the property do you inspect the property to

ensure that the premises are reasonably clean, in a reasonable state of repair and compliant?

3.2 Before renting the property to a tenant do you ensure the following:

3.2.1 That the premises can be legally occupied? (for example, if the property had been

divided into two ﬂats or a garage was converted into a separate unit, did the Council

issue the required permits or consents?)

3.2.2 That the premises comply with all requirements for building, health and safety that

applies to the premises?

3.2.3 That all gas installations and all gas and electrical ﬁttings are safe and ﬁt for

purpose, and that all work has been carried out by a qualiﬁed professional?

3.2.4 That adequate instructions (e.g. manuals) are provided to the tenants to ensure

theycan use all gas and electrical appliances safely?

3.2.5 That you have provided the premises with locks and other similar devices to ensure

the premises are reasonably secure?

3.2.6 That the insulation installed at the premises is of the required standard and was

installed in accordance with NZS 4246:2016?

3.2.7 That the property complies with requirements for smoke alarms?

3.2.8 That the property is warm, dry and safe for the tenant? Also see Maintenance

andinspections

3.3 Do you carry out regular maintenance inspections during the tenancy? Also see

Inspections

3.4 Do you have a process where tenants can contact you to report urgent or necessary repairs

and maintenance issues or damage to the property? What about after hours or during

theweekend?

3.5 Are the smoke alarms the correct type and in the correct location? Also see Smoke Alarms

3.6 Do all of your properties comply with the requirement for smoke alarms to be installed?

Also see Smoke Alarms

3.7 Do your properties comply with the insulation requirements?

Examples of documents that are likely to demonstrate your compliance with the Act:

› Maintenance records

› Inspection records (including frequency)

› Tenancy inspection report (conducted with the owner) template

› Management authority template, including agreement between owner and property manager on how to

handle maintenance issues or documentation or polices on how maintenance will be carried out or approved

or documentation or polices

› Maintenance inspection schedules – including regular smoke alarm checks

› Any templates used for recording maintenance issues and following up to ensure they are attended to

› Any logs or templates used for recording contact from tenants (in relation to maintenance or damage)

› Any other documents or checklists used to check that the property is compliant with regard to the Act. For

example, you might use a checklist when taking over management of the property that includes tasks such

as checking the title to ensure it is a separate, legal dwelling or checking with the local Territorial Authority to

conﬁrm compliance with Building regulations. It might also include checking the current level of insulation and

that smoke alarms are installed as required by regulations under theAct.

12 https://www.tenancy.govt.nz/maintenance-and-inspections/

13 https://www.tenancy.govt.nz/maintenance-and-inspections/

14 https://www.tenancy.govt.nz/maintenance-and-inspections/smoke-alarms/

15 https://www.tenancy.govt.nz/maintenance-and-inspections/smoke-alarms/

Section 4: General compliance

Yes No

4.1 Do you give the correct notice before entering the premises? Also see Access

4.2 Do you give the correct notice to terminate the tenancy? See Giving notice to end a

tenancy

and Expiry of a ﬁxed-term tenancy

4.3 Do you comply with service of notice requirements under the Act? (For example, do you

allow four working days for service of notices through the post?) See Serving notices

4.4 Do you have a procedure or process in place to deal with complaints from your tenants

about breaches of their peace, privacy and comfort by yourself or your other tenants?

(For example: complaints about noise from a neighbouring property that you are also the

landlord for). See also Quiet Enjoyment

4.5 Do you ensure that no letting fees or similar are included in tenancy agreements for those

entered into after 12 December 2018?

4.6 Do you have a process in place for negotiating access to show new tenants before the

tenancy ends or prospective buyers if the property is on the market?

4.7 Do you lodge all bond payments received from the tenant with Tenancy Services within

23working days of receiving payment? (Please note that Boarding House Tenancy

Agreements that require one week’s rent as bond or less are exempt from this requirement

but can still be lodged). See Bond

4.8 Do you ensure that you only charge up to the maximum permitted bond (the equivalent

offour weeks’ rent)?

4.9 Do you ensure that you are only charging the tenant for outgoings (for example: power,

water) as permitted by the Act? See Utilities and other payments

and Water and

wastewater charges

4.10 Do you ensure you are not breaching requirements with regard to charging rent

‘inadvance’? (for example, do you make sure you are not charging the tenant for rent

againbefore any rent they have already paid has been used up?) See Charging Rent

4.11 Do you ensure you are not breaching requirements with regard to increasing the rent

during the tenancy? See Increasing Rent

4.12 Do you ensure you are not breaching the Act in other ways? (For example, when dealing

withabandoned goods or when adding additional terms into your tenant agreements?)

SeeBreaches of the Residential Tenancies Act

4.13 At the end of the tenancy, do you arrange to meet at the property to carry out a ﬁnal

inspection with your tenant and ﬁnalise the bond refund where applicable? See Ending

atenancy checklist

16 https://www.tenancy.govt.nz/maintenance-and-inspections/access/

17 https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/

18 https://www.tenancy.govt.nz/ending-a-tenancy/expiry-of-a-ﬁxed-term/

19 https://www.tenancy.govt.nz/ending-a-tenancy/serving-notices/

20 https://www.tenancy.govt.nz/maintenance-and-inspections/quiet-enjoyment/

21 https://www.tenancy.govt.nz/rent-bond-and-bills/bond/

22 https://www.tenancy.govt.nz/rent-bond-and-bills/utilities-and-other-payments/

23 https://www.tenancy.govt.nz/rent-bond-and-bills/water-and-wastewater-charges/

24 https://www.tenancy.govt.nz/rent-bond-and-bills/rent/charging-rent/

25 https://www.tenancy.govt.nz/rent-bond-and-bills/rent/increasing-rent/

26 https://www.tenancy.govt.nz/disputes/breaches-of-the-residential-tenancies-act/

27 https://www.tenancy.govt.nz/ending-a-tenancy/ending-a-tenancy-checklist/

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