TENANCY

TENANCY BASICS

TENANCY DISPUTES

IF YOUR FLAT IS SOLD

INSURANCE

YOUR LANDLORD RESPONSIBILITIES

YOUR RIGHTS AND RESPONSIBILITIES

TENANCY BASICS

Finding a Flat

Finding a flat can be daunting, there are a lot of things to consider. Are you going to flat alone? Are you going to flat with strangers? Friends? Classmates? How close to the university do you want to be? What kind of neighborhood are you looking for? What’s your budget? All these things you need to consider before taking the leap to independence.

Here are some good places to start looking for a place :

http://www.realestate.co.nz/rental

http://www.trademe.co.nz/property ​​

https://www.trademe.co.nz/flatmates-wanted

​http://studentflat.co.nz/

Signing the Contract

Once you have found somewhere you can tolerate it’s time to sign stuff. Before you do this you need to understand what exactly you are signing up for. Your tenancy agreement isn’t like the terms and conditions when you sign up for Netflix, there may be bits in your contract that can seriously come back to bite you if you don’t pay attention. Make sure you’re clear on things like whether your rent can change during your term, if you’re allowed pets, what the deal is with the lawns etc. Verbal agreements can be a real pain if things get hairy, make sure everything is in writing and ensure that all terms are clear and understood.

Document the State of the Flat

Take photos of the flat before you move in. Have evidence of the state of the flat and any pre-existing dents and scratches to help you get back your bond at the end of your tenancy. Make sure the pictures are dated as well so you can’t be accused of making things up. It’s also a good idea to mention anything in the flat that’s not perfect to your landlord or rental company. They all give you a checklist (or they should) when you move in to help you do this, as well as a deadline as to when they need it back.

TENANCY DISPUTES

Landlord Disputes

If there’s a disagreement between you and your landlord that you can’t seem to solve amongst yourselves, your first option is to come and get some good support and advice. You can visit one of our student advocates who can provide advice and helpful information.

Flatmate Disputes

If you have a disagreement with a flatmate that you cannot resolve amongst yourself you do have a few options. Your first option would be to book in to speak with our advocacy team, you can also talk to your landlord or a counsellor.

If you have a disagreement it is important to determine whether you are all on the tenancy agreement or whether you have someone in a flatmate agreement. If it is only a flatmate agreement, you need to ensure this is in written form as it would go through a disputes tribunal rather than a tenancy tribunal. Having a written agreement means that you have all bases covered in case of such an event.

Disputes Tribunal

If you cannot resolve your issues with a flatmate you next course of action is going to disputes tribunal. If you have decided to take this route we recommend you book in to see an advocate as to what the proceedings will be like. it is important to note that any decision made by the tribunal is binding so you have to ensure you follow it.

Tenancy Tribunal

If you have decided to go to tenancy tribunal for any disagreements it is important to contact our advocates as we have the ability to help you find a lawyer to protect your interests.

IF YOUR FLAT IS SOLD

The Basics

On the uncommon occasion the flat you are living in may be sold by the landlords or rental company. If this happens there are three outcomes to be aware of. These outcomes are: The new owner maintains the tenancy agreement and leaves the rent as is; The new owner maintains the tenancy agreement but increases the rent, or; the new owner terminates your tenancy agreement.

What You Should Know

On the occasion that your flat has been put up for sale, your landlord or rental company must advise you of this . It cannot be done through text so ensure you get it in a formal letter. The landlord can also deliver the letter in person so that you as tenants can discuss access to the property.

Pictures

When they’re trying to sell the place they have to let you know if they want to take pictures of the property, particularly inside, you have the right to refuse permission for the photography or use of pictures of your personal belongings. Your landlord must obtain permission before entering the property to take pictures.

Open Homes

The landlord or rental company have the right to show potential buyers around the house but they have to have your permission first. Like with house inspections, your landlord or rental company agent must give notice that an open home is taking place and should always receive consent for specific times and dates prior to the day of the open home. When times and dates have been set be sure to get the schedule in writing and have all parties sign it (and keep the document somewhere safe). You are allowed to refuse access for an open home on reasonable grounds.

Sale of the Property

When the property sells, the Landlord must give you the details for the new owner including who they are, their contact information,  when they are taking over and how and where to pay your rent once the handover is completed. They will also have to provide the new owner with your original tenancy agreement. The old landlord will also hand over the honour of guarding your bond.

Ending your Tenancy

Typically upon the sale of a tenanted property, there is a handover from the old landlord to the new one. However, there can be the occasion where the new buyers do not want the property to have tenants living there. If this is the case, the new buyers must say so in their conditions of purchase for the property, they must also give you 42 days notice before you have to vacate the premises.

Fixed Term Tenancy

If you have a fixed term tenancy, it cannot be cancelled. Your tenancy will be handed over to the new owners for the duration of your tenancy term. However, if you and your landlord come to an agreement prior to the sale of the property the fixed term can be cancelled. This agreement must be in writing and you are allowed to refuse the agreement and negotiate certain conditions.

More Information

If you don’t understand something or want more information you can book in to see one of our advocates or go onto the tenancy website linked below​https://www.tenancy.govt.nz/ending-a-tenancy/change-of-landlord-or-tenant/sale-of-a-house/.

INSURANCE

Why Is It Important?

Having insurance covers you when something goes wrong, whether it is a break in or simple damage to your property.  We suggest you get an insurance policy if you have some spare money.


YOUR LANDLORD’S RESPONSIBILITIES

  • Responsibility One

    This may seem like a given but actually, your landlord must ensure your prospective flat is clean and fit for habitation before you move in. So if on the day you moved into your new flat you discovered a bit of dirts here and there or something is just not looking the way they should, feel free to get your landlord or the property manager to remedy it. You have a right to a place all nice and sweet before you move in.

  • Responsibility Two

    You want to be sure something is watching out for you to notify you if something goes wrong when you are making those experimental meals or when you fell asleep while your food is still cooking. This is how a functioning smoke alarm may help you avoid setting your flat on fire. So when you move in, find out if there is a smoke alarm in the flat and see if it’s actually working. Your landlord is required to make sure that a proper smoke alarm(s) is installed in the flat.

  • Responsibility Three

    Your landlord or property manager is not allowed to interfere with the supply of gas, electricity, water, telephone service unless it is done to avoid a danger or in the course of carrying out repairs. If it’s for carrying out repairs, you would probably be notified ahead of such interference anyway. If you think your landlord or property manager did any of the above without prior notice, it’s likely a step over the line, feel free to come have a chat to us about it.

  • Responsibility Four

    This one is probably not as important but should you need your payment information to your landlord for anything, you may be able to get them from your landlord/property manager. The landlord or property manager should keep records of the amount you pay as rent and bond and any other such transaction that occurs in the course of your tenancy. This would probably help when there is a dispute about (late) payment or anything like that.

YOUR RESPONSIBILITIES

  • Responsibility One

    You are responsible for the timely payment of your rent and any other charges incurred during your occupation of the flat.

  • Responsibility Two

    You are required to pay your electricity and gas, telephone and internet unless it is stated in your contract that this is covered in the rent cost.

  • Responsibility Three

    You have to keep your flat tidy. It’s a fact that households get messy but keep the mess reasonable.

  • Responsibility Four

    You will be responsible for any damage(s) caused to the property by any person or group of persons that enters the property with your permission, making house parties more stressful than you’d think.

  • Responsibility Five

    You’ll certainly make your life easier if you resist the temptation of affixing anything that to the flat that will be difficult to remove. Things that might cause damage to the property when removed should not be removed and things left unremoved become the property of the landlord after your vacation.

  • Responsibility Six

    You may not assign, sublet or part with any part of the property unless you have a written agreement from your landlord to so.

  • Responsibility Seven

    Any other terms in your tenancy agreement. This is why it is important to thoroughly read your tenancy agreement prior to signing it.

YOUR RIGHTS

  • Right One

    Before moving into your new flat, the landlord may request that you pay a bond of up to four weeks of your rent. You may also be asked to pay two weeks in advance. Anything outside of these or more should not be accepted.

  • Right Two

    As long as you are paying your rent on or before it’s due, your landlord or property manager cannot invade or obstruct your base. If the landlord want to come and check if the flat is still in good shape, he/she has the right to do so but required by law to obtain your consent prior to entering the property. The property may only be entered if the landlord gives not less than 48 hours and not more than 14 days notice prior to entry. A landlord is also only allowed entry onto the premise for inspection once in a period of four weeks .  If you have not paid your rent in the past 14 days prior to entry or the landlord reasonably believes that you have abandoned the property, your consent will not be required for entry. A landlord however, can enter the property without any notice in the case of emergency.

  • Right Three

    With the exception of the things that come with the flat under the contract you signed, the Landlord should ensure that you have an “empty flat” when you move in. They should not be holding any part of the flat for personal use.

  • Right Four

    There should be no legal issues regarding the flat before you move in. You are entitled to a flat that is free from litigation/legal conflicts.

  • Right Five

    The landlord should ensure the flat locks are fit for purpose. Neither you nor the landlord should tamper with the locks without each other’s consent.

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