How to: The rights and obligations of residential landlords and tenants

Introduction

The rights and obligations of landlords and tenants under a residential tenancy are determined by the provisions of the RESIDENTIAL TENANCIES ACT 1986 and by your particular tenancy agreement.

(For information on entering into a tenancy, including the contents of the agreement and the amounts of initial rent and bond that can be charged, see How to enter into a residential tenancy as a tenant. See also How to end a residential tenancy.)

What are the landlord’s responsibilities?

The responsibilities of the landlord under the Act are:

• to provide the premises in a reasonable state of cleanliness
• to provide and maintain the premises in a reasonable state of repair, having regard to the age and character of the premises (Tenancy Services, a division of the Department of Building and Housing, provides a sample form letter, "Tenant to Landlord – Informal Message About Repairs", which can be downloaded from its website at www.dbh.govt.nz (under Tenancy Forms).)
• to comply with all legal requirements to do with buildings, health and safety
• to compensate the tenant for any reasonable expenses that the tenant has incurred in making repairs, if the problem was serious and urgent and the tenant made a reasonable attempt to notify the landlord of the problem
• to take all reasonable steps to ensure that any other tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises
• to not interfere with the supply of electricity, water, phone, gas or any other services, except where this is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out
• to give written notice to the tenant if the landlord intends to put the property on the market to be sold

What are the tenant’s responsibilities?

As a tenant the Act requires of you that you:

• pay rent as and where it is due under the tenancy agreement
• ensure that the premises are used principally for residential purposes
• keep the premises reasonably clean and tidy
• notify the landlord as soon as possible of any damage or of the need for any repairs
• ensure that any maximum number of residents specified in the agreement is complied with
• do not intentionally or carelessly damage the premises, or permit anyone else to do this
• do not use the premises, or permit them to be used, for any unlawful purpose
• do not interfere with the reasonable peace, comfort, or privacy of your neighbours or of any of the landlord’s other tenants

Can the parties agree between them that particular responsibilities won’t apply?

Any term of the tenancy agreement that contravenes the RESIDENTIAL TENANCIES ACT 1986 will be invalid. However, this does not prevent a landlord from voluntarily waiving any rights and powers given by the Act nor from voluntarily taking on greater obligations than the Act imposes. By contrast, any waiver by a tenant of his or her rights or powers under the Act has no effect.

What are the tenant’s obligations when the tenancy ends?

When the tenancy come to an end, the tenant must:

• vacate the premises
• remove his or her property from the premises
• leave the premises in a reasonably clean and tidy condition, and remove all rubbish
• return all keys (and security cards or other devices) to the landlord
• leave all the chattels (such as furniture) that the landlord provided for the tenant’s use

What rights of entry does the landlord have?

Landlords are entitled to enter the premises:

• to inspect them between 8.00 and 7.00 pm, provided they have given not less than 48 hours’ and not more than 14 days’ notice, and provided they do not do this more than once in any four-week period
• to do necessary repairs and maintenance between 8.00 and 7.00 pm, provided they have given at least 24 hours’ notice
• in an emergency, without notice.

Landlords are entitled to enter the premises to inspect them or to do necessary repairs and maintenance, provided they have given at least 24 hours’ notice.

How often can the landlord increase the rent?

Landlords can increase the rent every six months. They must, however, provide at least 60 days’ written notice of the increase.

In the case of a fixed-term tenancy, the landlord may not increase the rent other than as permitted by the tenancy agreement.

Can a tenant challenge a rent increase?

If you as a tenant believe your landlord has raised the rent to a level that is substantially more than market rental, you can apply to the Tenancy Tribunal for it to review the rent. If the Tribunal agrees that the rent is substantially more than the prevailing rents for similar properties in similar areas, it can order the rent to be reduced to the market level.

Note that a landlord is permitted to increase the rent if he or she has made substantial improvements to the premises and if he or she has incurred expenses that were not reasonably foreseeable when the rent was last fixed.

Can a tenant sub-let the premises?

A tenant can sub-let the premises only if:

• this is expressly permitted under the tenancy agreement, or
• they get the landlord’s permission.
• A tenant can sub-let the premises only if this is expressly permitted under the tenancy agreement.

Disputes are dealt with by the Tenancy Tribunal

The Tenancy Tribunal deals with all disputes arising out of residential tenancy agreements, including disputes about rent and bond: see How to apply to the Tenancy Tribunal.

Cautionary notes

• The law is sympathetic to the interest of tenants and accordingly affords them a number of protections. If you suspect you are being treated unfairly or improperly by your landlord, you may well have a course of action against this. Also, if your landlord is relying on a provision in your tenancy agreement, it is possible that this provision is overridden by the RESIDENTIAL TENANCIES ACT 1986. For more information and advice on your rights and obligations as a tenant, contact:

• the Tenancy Tribunal
• your local Citizens Advice Bureau
• your local Community Law Centre
• a lawyer