Many people at some point in their lives will rent a property or own one for rent. Many people will do both. Because of this, it is paramount that both landlord and tenants know what their rights are and what course of action they can take if those rights are violated. It is often this lack of knowledge that creates problems between landlords and tenants and potentially lands both parties in an unnecessary court case. These landlord and tenant rights are outlined in the Residential Tenancies Act 1986 and apply to all apartments and rentals in New Zealand.
What are the responsibilities of the landlord under the Residential Leases Law:
– Keep the house in good condition.
– Comply with all health and safety regulations of the building.
– Pay each and every one of the fees and insurance.
– They cannot sixteen the assets of the tenants
– You must inform the current tenant, in writing, if the house goes on the market
– It cannot interfere with the provision of services to the home
This is the law and whether your rental property is in Auckland or elsewhere, all landlords are subject to it. Nothing a landlord says or does can override this law, so if you’re a tenant, make sure you know this list like the back of your hand!
Certain Tenant responsibilities are also required under the Residential Leases LAW:
– Pay the rent on time.
– Keep the home clean and tidy.
– You can not disturb the neighbors or other tenants
– Use the house for primarily residential purposes
– Pay all charges for additional services
– Pay for water in some cases
– You cannot intentionally or carelessly damage the home
– Inform the landlord immediately if damage occurs. The dwelling cannot be modified without the written consent of the landlord.
– You cannot carry out any illegal business within the home.
– Return the keys at the end of the lease and leave the house in reasonable condition
– Do not breach the agreements established in the lease.
As stated above, these responsibilities are the law and cannot be waived regardless of the circumstances, so make sure that if you are a landlord, you know what rights you have and what you should expect from your tenant.
Being a renter in an apartment in New Zealand or any rental in New Zealand can be difficult, but so can being a landlord. Making things simple for both parties, the tenant and the landlord, is largely up to the other party. Because of frequent problems between landlords and tenants, many landlords decide to hire property managers. These managers take full responsibility for the rental property. They do all the necessary work associated with your property, such as rent collection, housekeeping, finding tenants, and troubleshooting if any arise. They manage properties in a professional manner, keeping the relationship with tenants at arm’s length. Landlords often make friends with tenants, making regular inspections difficult. It’s nice to be able to sit back and let someone else manage your property for you and not have to deal with the property management side of things.
This service costs about 7-8% of the rent your tenants pay, is tax deductible, and often saves much more than this in the long run.
If you see a house for sale in New Zealand and are considering buying and renting it, make sure you know what is expected of you and your tenant, and I would always recommend the services of a professional property manager who knows not only the rights and responsibilities of both parties, but he is also well versed in the relevant legislation.