Rental Accommodation in New Zealand

Real estate agencies are a good place to start but the desirable properties go quickly, so get to know the letting agent who will call you as soon as a good property comes in. Letting centres usually have a `hook' of a very desirable property to arouse your interest and will charge you to join them and use their services. National and local newspaper `To let' columns on Saturdays and Wednesdays are another option but, again, you need to start early and phone as soon as you see the advertisement. New Zealand has very solid legislation which protects both tenants and landlords. At this stage it is a good idea to contact Tenancy Services (www.tenancy.govt.nz) who will advise you of your rights as a tenant and what is expected of you, the tenant.

The main tenancies are:

1. Periodic tenancies are tenancies without a fixed time of tenancy. Usually ended by either party giving a prearranged period of notice that by law is usually either 42 or 90 days for landlords, and 21 days for tenants. Most tenancies are like this.

2. Fixed-term tenancies are where the fixed date cannot be changed. Fixed-term tenancies not fully covered by the residential Tenancies Act 1986 are tenancies of less than 120 days, or are of five years or more or an agreement that stipulates it operates outside of the Act. Again contact Tenancy Services before signing any contract.

Tenants Must:

• pay the rent on time
• use the property as a home
• keep the property clean and tidy
• repair any damage they or their guests have caused
• permit no more than the specified number of residents
• depart on or before the final day of tenancy
• remove all goods and rubbish and ensure the property is tidy and clean
• return all keys
• leave all the chattels in good order
• provide access to prospective tenants or buyers
• only use the property for legal purposes
• pay all agreed and outstanding charges.

Tenants Must Not:

• alter the property or change the locks
• refuse rightful entry to the landlord or an authorised agent
• sublet or transfer the tenancy.

Landlords' Responsibilities

• If a landlord wants to increase the rent, 60 days' notice must be given in writing but it must not be within six months of the start of the tenancy or the previous increase.
• They must give 48 hours' notice of an inspection and 24 hours' notice of entry for repairs.
• Inform the tenant of plans to sell the property.
• Ensure locks and catches are secure.
• Provide receipts for all payments.
• Provide rent statements if requested.
• Do necessary repairs and pay for urgent ones.
• Present a clean and habitable property.
• Pay costs of property insurance and rates.
• Ensure that tenants are not disturbed unnecessarily.

Landlords by law are not allowed to discriminate against anyone for reasons of race, sex, colour, ethnic origin, disability or religious beliefs. Contact the Human Rights Commission if you feel you have been discriminated against at www.hrc.co.nz.