New Zealand Residential Tenancy Agreement

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New Zealand Residential Tenancy Agreement Powered By Docstoc
					Landlords – this Agreement must be completed signed in duplicate, with one copy to be retained by each party.
The tenant must be provided with a copy prior to the commencement of the tenancy.

                           RESIDENTIAL TENANCY AGREEMENT
THIS AGREEMENT made effective as of the _____ day of ______________, _______.

BETWEEN:

        LANDLORD:
        Name: [name of landlord]
        Address for Service:   [set out full address for service (this must be a street address - cannot
                               be a PO box number)]
        Work Phone:
        Home Phone:
        Mobile:
        Email:
        Other Contact address(es):

                 - and -

        TENANT:
        Name(s): [name(s) of tenant(s)]
        Address for Service:    [set out full address for service (this must be a street address - cannot
                                be a PO box number)]
        Work Phone:
        Home Phone:
        Mobile:
        Email:
        Other Contact address(es):

        Maximum number of tenants allowed hereunder:

        Is any tenant under the age of 18?

1.      Application of Laws
The parties hereto are legally bound to comply with the provisions of the Residential Tenancies Act
1986 (herein referred to as the “Act”). An agreement or arrangement that is inconsistent with the Act
or purports to exclude, modify or restrict the operation of the Act is, unless the inconsistency,
exclusion, modification or restriction is expressly permitted under the Act, to that extent void.

Parties to tenancy agreements are subject to the provisions of the Privacy Act 1993. Any information
provided in or with respect to this Agreement shall not be used or disclosed, without the consent of
the person to whom such information relates, for any purpose other than the administration of the
tenancy or to pursue legal action.

2.      Premises
Landlord hereby agrees to rent to Tenant and Tenant hereby agrees to rent from Landlord the
premises situated at [insert full address of premises], (the “Premises”).

3.      Rent

(a)     The Tenant will pay rent for the Premises at the rate of $###.## per [week / fortnight /
        month], to be paid to the [Landlord / Landlord’s agent] at [insert address to which rent is to be
        paid], or into the following bank account:
                                                    -2-


                Bank Account No.:
                Account Name:
                Bank:
                Branch:
(b)     Landlord will immediately provide Tenant with a receipt for any rent payment which is
        made in cash.
(c)     Landlord shall not require rent to be paid more than two (2) weeks in advance, nor until rent
        already paid has been applied.
(d)     At least sixty (60) days written notice must be given by Landlord to Tenant prior to a rent
        increase.
(e)     Rent shall not be increased within one hundred and eighty (180) days from the
        commencement of the tenancy or from the date of the last rent increase.
(f)     [NOTE: If the tenancy hereunder is a fixed term tenancy, any rent increase must be stated in the
        Agreement. If this is a fixed term tenancy, add this provision, otherwise delete it:] The rent payable
        under this Agreement will increase to $###.## (or by ___%) on [insert date].

4.      Bond [NOTE: Bond cannot exceed four (4) weeks rent.]
(a)     Prior to commencement of the tenancy, Tenant shall pay a Bond in the amount of $###.##.
        Landlord will immediately provide Tenant with a receipt for payment of the Bond.

(b)     Landlord shall have the right to use the Bond to cover any damage or loss to the Premises
        caused by Tenant’s failure to meet his/her obligations hereunder, with the exception of
        reasonable wear and tear.

(c)     In the event that Landlord sells the property, Landlord’s rights with respect to the Bond shall
        pass to the purchaser of the property.

5.      Term
[choose the appropriate option and strike out the other]
The tenancy is a periodic tenancy, which shall commence on [insert commencement date] and may be
terminated by either party giving notice as required under the Act.
OR
The tenancy is for a fixed term, which shall commence on [insert commencement date], cannot be
terminated with notice and will terminate on [insert termination date].

6.      Water Supply
The Tenant [choose one:] shall / shall not pay for any metered water provided to the Premises.

[if charging for water:] The water meter reading at the commencement of the tenancy is ____________.

7.      Sub-Letting or Assignment
The Tenant will not sub-let the Premises or any portion thereof, or assign this Agreement without the
prior written consent of the Landlord. Consent may not be unreasonably withheld unless sub-letting
is totally prohibited by this Agreement.

8.      Change of Particulars
Any change to the address for service, telephone number(s) or other particulars of either party must
be provided to the other party within ten (10) working days of such change.
                                                   -3-


9.      Address for Service
The address for service is an address in New Zealand where notices and other documents relating to
the tenancy will be sent for acceptance by a party or on behalf of such party, both during and after the
tenancy. The address for service can be different from the tenancy address. An address for service
cannot be a post office box.

10.     Landlord’s Responsibilities
Landlord shall be responsible for the following:

(a)     providing and maintaining the Premises in a reasonable condition;

(b)     allowing the Tenant quiet enjoyment of the Premises;

(c)     complying with all building, health and safety standards which apply to the Premises;

(d)     paying rates and insurance taken out by Landlord. It is understood by Tenant that Landlord’s
        insurance does not cover Tenant’s liability for damage;

(e)     not seizing Tenant’s goods for any reason;

(f)     informing Tenant if the property is being put on the market for sale;

(g)     not interfering with the supply of any services to the Premises.

If Landlord is in breach of any of these responsibilities, Tenant has the right to apply to the Tenancy
Tribunal.

11.     Tenant’s Responsibilities
Tenant shall be responsible for the following:

(a)     paying the rent on time;

(b)     keeping the Premises reasonably clean and tidy, and notifying Landlord as soon as any
        repairs are needed. Tenant shall not withhold rent if Landlord does not make or complete
        repairs;

(c)     using the Premises for residential purposes only;

(d)     paying electricity, gas and telephone charges;

(e)     paying for water supplied to the Premises if:
        (i)     it is stated in this Agreement that Tenant is responsible for water charges;
        (ii)    the Premises has its own water meter;
        (iii)   the water supplier charges for water on the basis of metered usage;

(f)     not damaging or permitting damage to the Premises, and promptly notifying Landlord of
        any damage;

(g)     not disturbing or permittin
				
DOCUMENT INFO
Description: NZ landlords, write your tenancy agreements quickly and easily with this New Zealand Residential Tenancy Agreement template. The Agreement contains required standard provisions with respect to the tenancy, such as: - payment of the rent and rental bond, - application of the New Zealand Residential Tenancies Act 1986 and the provisions of the Privacy Act 1993, - who is responsible for paying for the water supply, - subletting or assignment by the tenant only with the consent of the landlord, - responsibilities of the landlord and the tenant, - landlord's right to enter the premises in certain circumstances, - termination of the tenancy by the landlord or tenant, or by the tribunal upon application by the landlord. The file also includes a property inspection report and a receipt form for rent and bond payments. This New Zealand Residential Tenancy Agreement template is available in MS Word format. It is fully editable to meet your needs.
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