A Tenancy Agreement is a legal contract so please be wary before entering into one. You would be wise to consult your lawyer. If you do want to do it yourself here are a few things to be aware of, and a selection of template forms you can use.
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Tenancy Agreement Templates from Tenancy Services (NZ Government)
Types of Tenancy Agreements
Fixed-Term Tenancy: run for the agreed time set out in the tenancy agreement, neither landlord or tenant can end the tenancy before the term. However, like all contracts, if you can both agree you can modify the contract.
Periodic Tenancy: continue until one of the parties serves notice and therefore finishes it.
Service Tenancy: have some special rules and are for situations where housing is provided as part of the employment.
Boarding House Tenancy: is a special agreement for situations where there are more than 6 tenants with shared facilities and the agreement typically covers one room, but can cover multiple rooms.
Minimum legal requirements of a tenancy agreement
- Full names and contact details of landlord and tenant (address, mobile phone, address)
- Address of property that is rented
- Date the tenancy agreement form is signed
- The date the tenancy is starting
- Addresses for service for tenant and landlord
- If the tenant is under the age of 18
- The bond amount
- Rent amount and payment frequency
- Where the rent is to be paid (bank account or place)
- Any fees to be paid
- Chattels list (think furniture, curtains, and fittings)
- Insulation information (details of location, type, and condition)
- For fixed-term tenancy agreements, you must include the date the tenancy will end
If the landlord fails to provide this information is an unlawful act. However, if they have made all reasonable efforts but were unable to – the landlord must make a statement to that effect.
Further Information about Tenancies
For farmers, we suggest you read DairyNZ’s article about providing accommodation to farm workers.
There is information on the Citizen Advice Bureua’s website.
Tenancy Services NZ has a lot of information on their website.
Landlords.co.nz has several forms for landlords.
TPS Credit Control has a custom tenancy form available on their website.