Summary of the Residential Tenancies Act 1986 (RTA)

1. Notice to terminate the tenancy

Fixed-term tenancies

Converts to periodic tenancy at the end of the fixed-term unless: 

• the landlord gives written notice using one of the reasons listed in the Residential Tenancies Act for terminating a periodic tenancy with the same required notice period; or
• the tenant gives written notice (no reason required) at least 28 days before the tenancy ends, of their intention to not continue with the tenancy; or
• before the expiry, both landlord and tenant agree to extend, renew, or end the fixed-term tenancy. 

Periodic tenancies

• Tenants must give at least 28 days' written notice without having to give a reason.
• Tenants can end a tenancy with 2 days' notice if the property was unlawful at the start of the tenancy and is still unlawful.

The landlord may give 63 days' written notice, stating the reason for termination if: 

• the premises are required as the principal place of residence for the owner or any member of that owner's family, and is to be lived in within 90 days after the termination date, for at least 90 days; or
• the premises are sometimes used for employee/contractor accommodation, and this is stated in the tenancy agreement. 
• The landlord may give 90 days' written notice, stating the reason for termination if: 
• the owner intends to put the premises on the market within 90 days after the termination date. 
• the property has been sold with vacant possession required.
• the premises need to be vacant to facilitate the use of nearby land for a business activity (and this is stated in the tenancy agreement) 
• the landlord wants to use the premises for commercial use for at least 90 days. 
• the landlord intends to carry out extensive alterations within 90 days of the end date (or material steps taken) where it isn't reasonably practicable for the tenant to live there. 
• the premises are to be demolished within 90 days of the termination date (or material steps taken). 
• the landlord is not the property owner and the landlord's interest is due to end.

2. Rent

• Landlords shall not require rent to be paid more than 2 weeks in advance, nor until rent already paid has been used up.
• 60 days' written notice must be given for rent increases.
• Rent shall not be increased within 12 months of the start of the tenancy or the last rent increase.
• For rent to be increased in a fixed-term tenancy, it must be stated in the tenancy agreement.
• Receipts must be given immediately if rent is paid in cash.

3. Bond

• A bond is not compulsory, but can be up to 4 weeks' rent.
• Bonds must be lodged within 23 working days of being paid.
• Receipts must be given for bond payments.
• If the property is sold, the landlord's rights with regard to the bond pass to the purchaser of the property.
• Bond covers any damage or loss to the landlord if the tenant's obligations are not met, but does not cover fair wear and tear.

4. Rights of entry

• the landlord shall enter the premises only:
• with the tenant's consent at the time of entry
• in an emergency
• for repairs/ maintenance, 8 am to 7 pm, after 24 hours' notice
• for an inspection of the property or work done by the tenant, from 8 am to 7 pm after 48 hours' notice
• with the tenant's prior consent, to show the premises to prospective tenants, purchasers, registered valuer or real estate agent doing an appraisal, or other expert engaged in appraising the premises. The tenant's consent may not be unreasonably withheld, but reasonable conditions may be imposed.

5. Mitigation of loss

If one party breaches the agreement, the other party must take all reasonable steps to limit the damage or loss arising from the breach.

6. Landlord's responsibilities

• Provide and maintain the premises in a reasonable condition.
• Allow the tenant quiet enjoyment of the premises.
• Comply with all building, health and safety standards that apply to the premises.
• Install sufficient smoke alarms to comply with all requirements. 
• Comply with all requirements regarding insulation, including a statement of what insulation is the property. Unless they meet one of the exceptions, all rental properties must have ceiling and underfloor insulation that meets the minimum standard. 
• Pay any outgoings that would occur if the property was empty
• Not seize the tenant's goods for any reason.
• Inform the tenant if the property is on the market for sale.
• Not interfere with the supply of any services to the premises.
• If the landlord is in breach of these responsibilities, the tenant(s) can apply to the Tenancy Tribunal.
• Appoint an agent if leaving NZ for more than 21 consecutive days.

7. Tenant's responsibilities

• Pay the rent on time.
• Keep the premises reasonably clean and tidy, and notify the landlord as soon as any repairs are needed.  You may not withhold rent if you cannot get repairs done.
• Use the premises principally for residential purposes.
• Pay all costs directly attributable to their occupancy, such as electricity, gas, telephone, and metered water charges.
• Not interfere in any way with the operation of smoke alarms.
• Not damage or permit damage to the premises, and to inform the landlord of any damage.
• Not disturb the neighbours or the landlord's other tenants.
• Not alter the premises without the landlord's written consent.
• Not use the property for any unlawful purpose.
• Leave the property clean and tidy, and clear of rubbish and possessions at the end of the tenancy. At the end of the tenancy, leave all chattels, keys etc supplied with the tenancy.
• Not exceed any stated maximum number of occupants.

8. Subletting and assignment

If not expressly prohibited by the landlord, the tenant may sublet or assign with the landlord's prior written consent. Consent may not be unreasonably withheld unless subletting prohibited by this agreement.

9. Locks

Locks can only be changed with the agreement of both the tenant and the landlord.  They should be provided and maintained in a secure state by the landlord.

10. Making changes to the property

Landlords must consider all written requests from tenants for minor changes to the property within 21 days. Consent must not unreasonably be withheld, but reasonable conditions may be applied. 
Tenant(s) must not make any changes without the prior written consent of the landlord and must return the property to substantially the same condition unless the landlord and tenant otherwise agree.

11. Termination by Tribunal

The landlord may apply to the Tenancy Tribunal for a termination order where:

• the rent is 21 days in arrears
• the landlord has given the tenant three seperate written notices for anti-social behaviour within any 90-day period.
• the tenant has caused or threatened to cause substantial damage to the premises.
• the tenant has assaulted, or threatened to assault, the landlord, a member of the landlord's family, or a neighbour.
• the tenant has failed to comply with a 14 days' notice to remedy a breach.
• The premises are unlawful residential premises.

A tenant may apply to the Tenancy Tribunal for a work order, compensation or to terminate the tenancy, if the landlord has breached the tenancy agreement or the Residential Tenancies Act.

12. Unit Title Property

The landlord must promptly notify the tenant of any variations to Body Corporate rules affecting the premises.