Code of Practice by gabyion


									Code of Practice
For Residential Property Managers and
Letting Agents

1.0      General Principles
1.1      Members shall ensure compliance at all                                   conditions set out in the form including, in the
         times with the provisions of the Real Estate                             case of a management authority, the duties
         Agents Act 1976, Real Estate Agent’s Audit                               required of the Manager and the extent of the
         Regulations 1977 and the Rules of the Real                               Manager’s authority.
         Estate Institute of New Zealand Inc                             3.5      A Manager shall use their best endeavours to
         (“REINZ”).                                                               keep the property owner fully informed of any
1.2      Members shall demonstrate integrity, honesty                             tenancy, maintenance or other matters
         and good practice in all their dealings.                                 relating to a tenancy and the property.
1.3      Members shall not engage in any conduct
         which is misleading or deceptive or is likely to                4.0      Existing tenants and prospective tenants
         mislead or      deceive      or make any                        4.1      A Manager shall give every prospective
         misrepresentations.                                                      tenant a fair and reasonable opportunity to
                                                                                  apply for a tenancy, and consider each
2.0      General                                                                  application on its merit.
         A Member, when acting as a residential                          4.2      A Manager shall treat a tenant with courtesy
         property manager or letting agent (Manager)                              and respect.
         shall:                                                          4.3      A Manager shall make a tenant aware of the
2.1      comply with all the laws of New Zealand, in                              necessity to obtain tenants’ contents and
         particular the Residential Tenancies Act                                 liability insurance.
         1986, the Privacy Act 1993, the Human                           4.4      A Manager shall make a tenant aware of the
         Rights Act 1993 the Secret Commissions Act                               necessity to advise the Manager of any
         1908, and any amendments or subsequent                                   items, including swimming pools and their
         legislation.                                                             fences and gates (if any), which need
2.2      promptly report any alleged breach of this                               attention or repair as soon as the tenant
         Code to REINZ, specifying the particulars of                             should reasonably be aware of a defect.
         the alleged breach and providing originals or
         copies of relevant documentation.                               5.0      Tenancy documentation
                                                                         5.1      Prior to letting a property a Manager shall
3.0      The Letting or Management Authority                                      make available to the property owner, upon
3.1      A Manager shall, prior to advertising a                                  request, the terms and conditions of the
         property     for   letting    or   commencing                            intended tenancy agreement.
         management of a property, obtain a signed                       5.2      A Manager shall complete all tenancy
         authority.                                                               documentation with accuracy and clarity.
3.2      An authority shall be signed by all the                         5.3      A proposed tenancy agreement shall be
         registered owners of the property, or record                             made available to an intending tenant who
         that the person signing the authority on                                 shall be given the opportunity to seek
         behalf of all the registered owners of the                               independent advice on the contents of the
         property has a legal authority to do so.                                 agreement.
3.3      The registered owners of the property, or an                    5.4      A Manager shall, preferably in writing, make
         authorised agent signing the agreement on                                a tenant aware that they may have statutory
         their behalf, shall be provided with a signed                            obligations and benefits under relevant
         copy of the letting and/or management                                    statutes, such as the Health and Safety in
         authority.                                                               Employment Act 2002, Fencing of Swimming
3.4      A letting and/or management authority should                             Pools Act 1987, Residential Tenancies Act
         be in a standard form published by REINZ, or                             1986 and the Building Act 2004.
         should      include       the    terms    and
                                                Real Estate Institute of New Zealand Inc.
                                          202 Parnell Rd, PO Box 5663, Auckland, New Zealand
              Ph: 09 356 1755 ● Fax: 09 379 8471 ● e-mail: ● Dx: Cp31508 Parnell ●

To top