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tenancy

Moving out checklist: How to leave the property

Key Takeaway

When moving out of a rental property in New Zealand, tenants must give proper notice, ensure the property is clean and undamaged (beyond fair wear and tear), pay all rent and utilities, return keys, and apply for their bond refund. Specific rules apply depending on the type of tenancy.

Moving Out of a Rental Property: Tenant Obligations

Moving out of a rental property in New Zealand involves specific legal obligations for tenants under the Residential Tenancies Act 1986. Understanding these requirements helps ensure a smooth transition and facilitates the return of the tenancy bond.

Giving Proper Notice

The required notice period for ending a tenancy depends on whether it is a periodic tenancy or a fixed-term tenancy.

Periodic Tenancies

A periodic tenancy is a tenancy agreement that continues until either the landlord or the tenant gives written notice to end it [Source: Residential Tenancies Act 1986, s 2]. For a periodic tenancy, a tenant must give at least 21 days' written notice to the landlord [Source: Residential Tenancies Act 1986, s 51(2)]. This notice must be in writing and clearly state the termination date.

Fixed-Term Tenancies

A fixed-term tenancy is a tenancy agreement for a specific period of time, such as six months or one year [Source: Residential Tenancies Act 1986, s 2]. Generally, a tenant cannot unilaterally end a fixed-term tenancy early [Source: Residential Tenancies Act 1986, s 66]. The tenancy ends automatically on the specified date [Source: Residential Tenancies Act 1986, s 60].

However, a fixed-term tenancy can be ended early in certain situations:

  • By mutual written agreement with the landlord [Source: Residential Tenancies Act 1986, s 66(1)(a)].
  • If the tenant assigns or sublets the tenancy with the landlord's consent, and the new tenant takes over the tenancy [Source: Residential Tenancies Act 1986, s 42].
  • By an order of the Tenancy Tribunal, for example, if the landlord has breached their obligations [Source: Residential Tenancies Act 1986, s 66(1)(b), s 82].

Condition of the Property

Tenants have obligations regarding the condition of the premises when they vacate.

Cleaning and Tidiness

Tenants must leave the premises reasonably clean and tidy [Source: Residential Tenancies Act 1986, s 40(1)(a)]. This generally means leaving the property in a condition comparable to, or better than, when the tenancy began, accounting for normal use.

Damage vs. Fair Wear and Tear

Tenants must not damage the premises and are liable for any damage caused by them or their guests, intentionally or through negligence [Source: Residential Tenancies Act 1986, s 40(1)(c), s 49B].

However, tenants are not responsible for fair wear and tear. This refers to the natural deterioration of a property over time through ordinary use, not including damage caused by negligence or misuse. While the Residential Tenancies Act 1986 does not explicitly define 'fair wear and tear', it is a recognised legal concept in tenancy disputes, differentiating natural aging from tenant-caused damage.

Rent and Other Payments

Tenants are responsible for paying rent up to and including the last day of the tenancy [Source: Residential Tenancies Act 1986, s 40(1)(g)]. This includes any rent arrears.

Unless otherwise agreed, tenants are also generally responsible for the cost of services such as electricity, gas, and telephone charges consumed during their tenancy, up to the date they vacate [Source: Residential Tenancies Act 1986, s 39].

Vacating and Returning Keys

On or before the termination date, tenants must vacate the premises and return all keys and access devices to the landlord [Source: Residential Tenancies Act 1986, s 40(1)(f)]. Failure to vacate may result in the landlord applying to the Tenancy Tribunal for an order of possession and compensation [Source: Residential Tenancies Act 1986, s 65].

Bond Refund

The tenancy bond, a security payment made at the start of the tenancy, is held by the Bond Centre (part of Tenancy Services) [Source: Residential Tenancies Act 1986, s 18(1), s 22].

To apply for a bond refund, a Bond Refund Form must be completed. This form requires signatures from both the tenant(s) and the landlord [Source: Residential Tenancies Act 1986, s 22(1)]. If both parties agree on the refund amount, the Bond Centre processes the payment.

If there is a dispute over the bond refund amount, either party can apply to the Tenancy Tribunal for a determination [Source: Residential Tenancies Act 1986, s 22(2)-(3)]. The Tenancy Tribunal will consider evidence regarding the state of the property, outstanding rent, and any other claims before making a decision.

Personal Property Left Behind

If a tenant leaves goods or personal property behind after vacating the premises, the landlord has specific obligations regarding these items [Source: Residential Tenancies Act 1986, s 62]. The landlord must make reasonable efforts to contact the former tenant to arrange collection of the goods. The landlord may be able to sell or dispose of the goods after a certain period if the tenant cannot be found or fails to collect them, subject to specific rules regarding value and notice [Source: Residential Tenancies Act 1986, s 62(2)-(6)].

When to Seek Independent Legal Advice

Navigating tenancy law can be complex. If there are specific disagreements with a landlord, questions about bond refunds, or concerns about a Tenancy Tribunal application, a person involved in a tenancy dispute should seek independent legal advice. Community Law Centres provide free legal assistance and information. Information can also be sought from Tenancy Services.

Key Resources