Tenancy
RTA Residential Tenancy Agreement www.tenancy.govt.nz PAGE
› At the end of the tenancy, leave all keys and such
things with the landlord. Leave all chaels supplied
with the tenancy.
› If a maximum number of occupants is stated in the
tenancyagreement, 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
› 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, aer 24 hours’ notice
› for an inspection of the property or work done by the
tenant, from 8 am to 7 pm aer 48 hours’ notice
› with the tenant’s prior consent, to show the premises
toprospective tenants, purchasers, registered valuer
orreal 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, aer 48 hours’ notice.
8. Subletting and assignment
If not expressly prohibited by the landlord, the tenant may
sublet or assign with the landlord’s prior written consent.
Consent may not be unreasonably withheld unless subletting
or assignment is totally prohibited by this agreement.
9. 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.
10. Insulation
› Landlords must disclose the extent of insulation in
theirproperties in a signed statement as part of any
newtenancy 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
therequired information. This includes physically looking,
engaging a professional to do an assessment and/or
checking the council building file.
11. Insurance
› Landlords must disclose whether or not the property
isinsured 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
thetenant that a copy of their insurance policy is available
onrequest.
› 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
(ifapplicable), 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.
12. Healthy Homes Standards
Landlords must include a statement in the tenancy agreement,
which confirms:
› that on and aer 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 insulation
statement, with one signature.
13. Notice to terminate tenancy
(NB: This does not apply to fixed-term tenancies. Notice
requirements for fixed-term tenancies are contained in the
main body of this agreement.)
In all cases, the tenant must give the landlord 21 days’ notice
in writing.
The landlord may give 42 days’ notice in writing – and must
state the reason for termination if:
› the landlord has an unconditional agreement to sell the
premises with vacant possession; or
› the premises are required as the principal place of
residence for the owner or any member of that owner’s
family; or
› the premises are required for an employee of the landlord
and this has been agreed at the start of the tenancy.
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.
In other cases, the landlord must give 90 days’ notice
in writing.