Many people at one point in their lives will rent a property or have one for rent. Many people will do both. Because of this it is paramount that both the landlord and the 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 leads to problems between landlords and tenants and potentially lands both parties in an unnecessary court case. These landlord and tenant rights are outlined in the 1986 Residential Tenancies Act and apply to all New Zealand Apartments and rentals.
What are the responsibilities of the landlord under the Residential Tenancies Act:
Keep home in good condition
Comply with all of the building's health and safety regulations
Pay any and all rates and insurances
Cannot seize the tenants goods
Must inform the current tenant, in writing, if home is going on the market
Cannot interfere with the supply 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 that the landlord says or does can override this law, so if you are a tenant make sure you know this list like the back of your hand!
There are certain responsibilities required of the Tenant under the Residential Tenancies ACT as well:
Pay rent on time
Keep home clean and tidy
Cannot disturb neighbours or other tenants
Use home for primarily residential purposes
Pay all accrued amenities charges
Pay for the water in some cases
Cannot intentionally or carelessly damage home
Immediately inform the landlord if damage is done Cannot alter home without written consent from the landlord
Cannot conduct any illegal business within the home
Return keys at end of tenancy and leave the home in reasonable condition
Not break any agreements settled upon in the tenancy agreement
As was said above, these responsibilities are the law and cannot be circumvented regardless of the circumstances so make sure if you are a landlord, you know what rights you have and what you should expect from your tenant.
Being a tenant in a New Zealand apartment or any New Zealand rental can be difficult but so can being a landlord. Keeping it simple for both parties, tenant and landlord, is extremely dependent on the other party. It is because frequent problems arise between landlords and tenants that many landlords decide to hire property managers. These managers assume full responsibility for the rental property. They perform all the necessary jobs associated with your property such as collecting rents, taking care of the home, finding tenants, and fixing problems if any should arise. They manage properties on a professional basis, keeping the relationship with the tenants on an arms length basis. Landlords often befriend tenants, making regular inspections difficult to undertake. It is 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 roughly 7-8% of the rent that your tenants pay, is tax deductable and often saves much more than this in the long run.
If you see a house for sale in New Zealand and are considering purchasing it and renting it out make sure you know what is expected of you and your tenant, and I would always recommend the services of a professional manager who knows not only the rights and responsibilities of both parties, but is also versed in relevant legislation.
