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tenancy

Landlord responsibilities vs. Tenant responsibilities

Key Takeaway

New Zealand tenancy law, primarily the Residential Tenancies Act 1986, outlines specific duties for both landlords and tenants. Landlords must provide safe, healthy, and well-maintained homes, while tenants are responsible for paying rent, keeping the property clean, and not causing damage. Both parties have rights and obligations concerning privacy, notice periods, and proper conduct.

The Residential Tenancies Act 1986 (RTA) is the primary legislation governing residential tenancies in New Zealand, establishing the rights and responsibilities of both landlords and tenants. A landlord is the person who grants a tenancy of residential premises [Source: Residential Tenancies Act 1986, s 2(1)], and a tenant is the person who is granted a tenancy of residential premises [Source: Residential Tenancies Act 1986, s 2(1)]. A tenancy agreement is the contract between them, outlining the terms and conditions of the tenancy [Source: Residential Tenancies Act 1986, s 13].

Landlord Responsibilities

Landlords have a range of legal duties to ensure the property is fit for living and the tenant's rights are respected:

  • Provide and Maintain Premises: Landlords must provide the premises in a reasonable state of cleanliness and ensure the premises are maintained in a reasonable state of repair during the tenancy [Source: Residential Tenancies Act 1986, s 45(1)(c), s 45(1)(d)].
  • Comply with Building, Health, and Safety Standards: The premises must comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises [Source: Residential Tenancies Act 1986, s 45(1)(a)].
  • Healthy Homes Standards: Landlords must ensure their rental properties meet the Healthy Homes Standards which cover specific requirements for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping [Source: Residential Tenancies Act 1986, s 45(1)(bbb), and the Residential Tenancies (Healthy Homes Standards) Regulations 2019].
  • Provide and Maintain Locks: Landlords must provide and maintain locks to ensure the premises are reasonably secure [Source: Residential Tenancies Act 1986, s 45(1)(b)].
  • Not Interfere with Peace and Privacy: A landlord must not interfere with the reasonable peace, comfort, or privacy of the tenant in the use of the premises [Source: Residential Tenancies Act 1986, s 38].
  • Provide a Written Tenancy Agreement: A written tenancy agreement must be provided, detailing key terms such as the names and addresses of the parties, the address of the premises, and the rent amount [Source: Residential Tenancies Act 1986, s 13].
  • Insurance Disclosure: Landlords must provide the tenant with information about any insurance policies covering the premises, including any excess that may be payable in the event of a claim relating to damage to the premises [Source: Residential Tenancies Act 1986, s 13A].
  • Lodge the Bond: If a bond (a security deposit paid by a tenant) is taken, it must be lodged with the Tenancy Services within 23 working days of receipt [Source: Residential Tenancies Act 1986, s 18(2)].
  • Proper Notice for Entry: Landlords must give appropriate notice before entering the premises, generally 24 or 48 hours depending on the reason for entry [Source: Residential Tenancies Act 1986, s 48].

Tenant Responsibilities

Tenants also have clear obligations under the RTA to ensure the property is cared for and the terms of the tenancy agreement are met:

  • Pay Rent On Time: Tenants must pay the rent when it is due [Source: Residential Tenancies Act 1986, s 40(1)(a)].
  • Keep Premises Clean and Tidy: The premises must be kept reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(c)].
  • Not Damage Premises: Tenants must not intentionally or carelessly damage the premises or permit any other person to do so [Source: Residential Tenancies Act 1986, s 40(1)(d)].
  • Not Disturb Neighbours: A tenant must not disturb the peace, comfort, or privacy of any neighbour [Source: Residential Tenancies Act 1986, s 40(1)(b)].
  • Use Premises for Residential Purposes: The premises must be used primarily for residential purposes [Source: Residential Tenancies Act 1986, s 40(1)(f)].
  • Notify Landlord of Damage/Repairs: Tenants must notify the landlord of any damage to the premises or any need for repairs as soon as practicable [Source: Residential Tenancies Act 1986, s 40(1)(g)].
  • Leave Premises Clean and Tidy: At the termination of the tenancy, the tenant must leave the premises reasonably clean and tidy, and remove all rubbish and their goods [Source: Residential Tenancies Act 1986, s 40(1)(e)].
  • No Unlawful Acts: A tenant must not use the premises, or permit the premises to be used, for any unlawful purpose [Source: Residential Tenancies Act 1986, s 40(2)].
  • No Unauthorised Alterations or Subletting: Tenants must not make any alterations to the premises or assign or sublet the premises without the landlord's prior written consent [Source: Residential Tenancies Act 1986, s 42(1), s 34(2)].

When to Seek Independent Legal Advice

Individuals who require clarification on their specific rights or obligations, or who are involved in a tenancy dispute, should seek independent legal advice. Information on tenancy matters is available from Tenancy Services, and free legal advice can be accessed through Community Law Centres.

Key Resources