New Zealand Residential Tenancy Agreement Template

RESIDENTIAL TENANCY AGREEMENT

(Periodic / Fixed-Term Tenancy)

Document Control & Jurisdiction

• Effective Date: [Effective Date, e.g., 01 November 2023]
• Document Version: 3.4 (Aotearoa New Zealand Statutory Compliance)
• Jurisdiction: New Zealand (Governed by the Residential Tenancies Act 1986 and amendments)

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OFFICIAL NOTICE & LEGAL DISCLAIMER

LEGAL NOTICE: This document is an enterprise-grade template intended for general informational and operational use. It reflects the statutory baseline of the Residential Tenancies Act 1986 (RTA) and the Healthy Homes Standards. Real estate transactions carry distinct legal and financial risks. Parties must obtain independent legal, financial, and tax advice before execution. Use of this document constitutes acceptance that the drafters and distributors assume no liability for direct, indirect, or consequential losses arising from its use.

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1. PARTIES & DEFINITIONS

1.1 The Landlord

• Full Legal Name / Entity: [Landlord Full Legal Name / Company Name]
• Company Registration Number (if applicable): [NZBN / Company Number]
• Physical / Service Address: [Landlord Address in New Zealand]
• Contact Email: [Landlord Email Address]
• Contact Phone: [Landlord Phone Number]
• Address for Service (RTA Compliance): [Service Address for Notices]

1.2 The Tenant(s)

• Tenant 1 Full Legal Name: [Tenant 1 Full Legal Name]
  • Date of Birth: [DD/MM/YYYY] | Phone: [Phone] | Email: [Email]
• Tenant 2 Full Legal Name: [Tenant 2 Full Legal Name] (Delete if inapplicable)
  • Date of Birth: [DD/MM/YYYY] | Phone: [Phone] | Email: [Email]

1.3 The Premises

• Physical Address: [Property Street Address, Suburb, City, Postcode]
• Description of Premises: [e.g., Standalone 3-bedroom dwelling / Apartment #4B including dedicated car park #12]
• Chattels Provided: [List chattels: e.g., Dishwasher, Heat Pump, Oven, Curtains, Smoke Alarms]

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2. TERM & RENT

2.1 Type of Tenancy

• Tenancy Type: [ ] Fixed-Term      [ ] Periodic
• Commencement Date: [DD/MM/YYYY]
• Expiry Date (Fixed-Term only): [DD/MM/YYYY] (Note: Pursuant to the RTA, fixed-term tenancies automatically convert to periodic tenancies upon expiry unless notice is given).

2.2 Rent & Payment Terms

• Rent Amount: $[Amount] NZD per week / fortnight / month.
• Payment Due Date: Payable in advance on every [Day of week, e.g., Friday] of the payment period.
• Designated Bank Account: [Bank Name] - [Account Name] - [Account Number]
• Payment Reference: [Tenant Surname - Property Number]

2.3 Bond

• Bond Amount: $[Amount] NZD (Maximum equivalent to 4 weeks' rent).
• Lodgement: The Landlord shall lodge the Bond with Tenancy Services (Ministry of Business, Innovation and Employment - MBIE) within the statutory timeframe prescribed by the RTA.

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3. OPERATIVE CLAUSES & TERMS

3.1 Rent Increases

1. The Landlord may increase the rent by providing the Tenant with written notice in compliance with section 24A of the RTA (minimum 60 days’ notice).
2. Rent shall not be increased more than once every 12 months.

3.2 Quiet Enjoyment and Landlord Access

1. The Landlord shall not interfere with the Tenant's quiet enjoyment of the Premises.
2. The Landlord may enter the Premises in accordance with section 48 of the RTA, which includes:
   • With the Tenant’s consent at the time of entry;
   • In an emergency;
   • To carry out urgent repairs (with notice where practicable);
   • To inspect the Premises, providing between 48 hours and 7 days' notice (maximum once every 4 weeks);
   • To conduct routine maintenance, providing between 7 and 14 days' written notice.

3.3 Use of Premises

1. The Premises shall be used exclusively as a residential dwelling for the Tenant(s) and named occupants ([List other occupants, e.g., dependent children]).
2. The Tenant shall not sub-let or assign the tenancy without the prior written consent of the Landlord, which shall not be unreasonably withheld where statutory criteria are met.

3.4 Maintenance, Repairs, and Cleanliness

1. The Tenant shall keep the Premises reasonably clean and tidy and notify the Landlord promptly of any damage or required maintenance.
2. The Tenant is liable for intentional or careless damage caused by the Tenant, their guests, or pets, subject to the statutory limitations set out in the RTA (including insurance limitations).
3. The Landlord shall maintain the Premises in a fit state for habitation and comply with all building, health, and safety requirements, including the Healthy Homes Standards (Heating, Insulation, Ventilation, Moisture ingress and drainage, and Draught stopping).

3.5 Smoke Alarms and Insulation

1. The Landlord warrants that the Premises is equipped with working smoke alarms in compliance with the Residential Tenancies (Smoke Alarms) Regulations 2016.
2. The Tenant must not tamper with, disconnect, or remove any smoke alarm and must replace batteries as required during the term.
3. The Landlord warrants compliance with the insulation standards, as detailed in the mandatory Healthy Homes Statement attached as Schedule A.

3.6 Termination and Notice Periods

1. Periodic Tenancy: The Tenant may terminate the tenancy by providing 28 days' written notice. The Landlord may terminate the tenancy only on specific statutory grounds pursuant to section 51 of the RTA, providing the required notice period (e.g., 90 days or 63 days depending on the ground).
2. Fixed-Term Tenancy: Neither party may terminate a fixed-term tenancy prior to the Expiry Date without mutual written agreement, except as provided under statutory early termination provisions (e.g., family violence, severe hardship).

3.7 Abandoned Goods

1. If the Tenant abandons the Premises or leaves personal property behind upon termination, the Landlord shall handle such property strictly in accordance with Sections 61A to 61F of the RTA.

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4. SCHEDULES & STATUTORY DISCLOSURES

• Schedule A: Healthy Homes Standards Compliance Statement (Attached)
• Schedule B: Initial Insulation Statement (Attached)
• Schedule C: Tenancy Services Compliance Checklist & Information Brochure Acknowledgment (Attached)

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5. SIGNATURES & ACKNOWLEDGMENT BLOCK

IN WITNESS WHEREOF, the parties execute this Residential Tenancy Agreement as of the Effective Date.

Landlord Execution

Signature: ___________________________________
Printed Name: `[Landlord / Authorized Agent Name]`
Title/Capacity: `[e.g., Director / Property Manager]`
Date: `[DD/MM/YYYY]`

Tenant Execution

Signature: ___________________________________
Printed Name: `[Tenant 1 Name]`
Date: `[DD/MM/YYYY]`

Signature: ___________________________________
Printed Name: `[Tenant 2 Name]` *(If applicable)*
Date: `[DD/MM/YYYY]`

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6. STEP-BY-STEP EXECUTION GUIDE

1. Information Disclosure & Inspection: Complete the Healthy Homes Standards statement (Schedule A) and ensure the initial property inspection report is compiled and signed by both parties prior to the tenant taking possession.
2. Execution & Signing: Ensure all adult tenants sign the agreement. The Landlord or their authorized legal agent must execute the document. Digital signatures (e.g., via secure platforms compliant with the Contract and Commercial Law Act 2017) are legally binding in New Zealand.
3. Bond Lodgement: Collect the bond payment (strictly capped at a maximum of 4 weeks' rent) and submit it directly to Tenancy Services (MBIE) via their online portal within 23 working days of receipt.
4. Record Retention: Provide a fully executed copy of this agreement, along with all mandatory statutory disclosures and the Tenancy Services information brochure, to the Tenant prior to the commencement of the term. Retain all records securely for a minimum of 7 years post-tenancy for compliance auditing.