Our Comprehensive Guide to Landlord Rights in New Zealand

Kia ora. When renting out your residential property, it's crucial that you know your rights. Owner and landlord rights are more relevant than ever in New Zealand's bustling rental property market. At Charlton Property Management, we don't want tenancy law to be daunting. That's why we've compiled a comprehensive guide to everything you need regarding tenancy law and your landlord/owner's rights in New Zealand. 

As a landlord/owner of a residential rental property, you are protected on many levels from a legal standpoint in Aotearoa. Learn how to avoid any unnecessary headaches by nailing that all-important rental agreement, helping avoid missed payments, eviction procedures, and mitigating conflict strategies.

The first way of protecting you and your rental is by having a sound and transparent rental agreement. The renting process starts with the tenant filling out an application form, followed by a tenancy agreement, also known as a 'lease'. In New Zealand, tenancy law means that:

• You're renting out your property specifically for a residential purpose (not for a business)
• The agreement is exclusively between the tenant and you - ‘you’ could be an individual, a trust, or an organisation
• The agreement or lease must be in writing and cover all the legal rights and responsibilities of both parties
• The tenant must sign the rental agreement and be given a copy before moving in.



As a landlord/owner, you can choose between a periodic tenancy agreement (no fixed date) and a fixed-term agreement. Specialising in residential property management services, we strongly recommend a fixed-term agreement of at least 12 months. In our experience, a longer lease equals greater financial security for both you and your whanau. Below are a few simple things you'll need to note on the lease/agreement:

• The date the tenancy begins (and ends – if a fixed-term – ideally a year)
• The property's address
• An insurance statement
• An insulation statement

Legal protections concerning tenancies

There are several additional ways to help protect a landlord/owner's rights when dealing with an official tenancy agreement. Here is some handy information worth knowing:

Raising rents

We know that life in New Zealand is rapidly becoming more expensive. As a landlord/property owner, you have the right to raise the rent once every 12 months – just make sure you give your tenant at least 60 days' written notice to include address for service notification.

Legal protections concerning tenancies

Of course, you have the right to inspect your property while it is rented to ensure everything is in tip-top shape. To do so, you need to provide your tenant with at least 24 hours’ notice beforehand, and you can only do it a maximum of once every four weeks. If you don't have time, or are based out of Auckland, allow Charlton to do your property inspection. Handling this on your behalf is just one of the key benefits of using a property management company.

Repair & maintenance

When renting out a property, there is a big difference between wear and tear and repair and maintenance work. Little things like scratched floors, small dings in the walls from moving furniture, or tea stains on the carpet aren't your concern. But when something breaks down, say an oven or the heating, you'll need to remedy the problem. Just ensure the work is done between 8 am and 7 pm, within 14 days of being initially alerted to the problem. And whatever faulty product remains, make sure you take it off the property site.

Legal protections concerning the conclusion of a tenancy

As in life, good things sometimes end – the same applies to tenancy agreements. Providing a roof over someone's head is a big deal, so when your tenant moves out, they will need time to make other plans, and you will, too! If all goes swimmingly and the property is left in good shape, you must release their bond. If things get challenging, talk to Charlton Property Management about their process to work through disputes with tenants and if required managing the process to Tenancy Tribunal.

Heard the news? The New Zealand Government has announced their intention to reintroduce a bill called 'reintroducing 90-day 'no cause' terminations, ' meaning that you can end a tenancy without requiring a specific reason by giving a 90-day notice. For now, remember that whether a tenant vacates the property on good terms or if things get a bit ugly, we're always here to help, thanks to our residential property management services.

Disputes and conflicts

There's nothing worse than having a bad tenant who refuses to pay, but you can't kick them out. Fear not; you are not alone. Thankfully, the Tenancy Tribunal are there to handle all disputes. You are also welcome to use our property management services for assistance.

Selling or inhabiting your property

Are you thinking of selling? Or do you want to move into your property? You have the right to do either. Should you require your investment property to be sold with vacant possession, then you must give tenants 90 days notice to vacate OR you can market the property with your tenant in the property and it is usual best practice to offer and incentive to keep the property well presented during that time.  Again, our residential property management services can be mighty handy when selling.

Legal obligations for landlords

From creating and enforcing rental agreements to handling disputes and conflict resolution, under official tenancy law, the landlord/owner is privy to many rights here in Aotearoa. Here are some key legal obligations and rights for landlords:

• A landlord/owner does NOT have the right to discriminate against a potential tenant because of their gender, race, age, illness, sexual orientation, religion, employment status, or political beliefs.
• However, you do have the right to demand a guarantor if a tenant has a poor credit history. (With a surplus of potential tenants out there, it's worth investing wisely in who you appoint as a tenant).
• You have the right to ask for your tenant's full name and contact information and confirmation that they are over 18. You have the right to deny the rental application of a minor (anyone under 18 years old in New Zealand).

Healthy Homes obligations

• By law, you are obligated to provide a heat source to ensure the lounge area is 18 degrees.
• Extraction fans in both the kitchen and the bathroom must be installed and ducted to the exterior of the property.
• Insulation must be installed to the correct level for the region.

Other helpful information for landlords/owners

We believe you can never have too much knowledge as a landlord/owner. Did you know that flatmates have no legal right as their name is not on the lease? You can dictate in the agreement/lease whether someone can hang a painting or if pets are allowed. Moreover, you can note that failure to pay rent on time can result in termination of the tenancy through the Tenancy Tribunal.

We're here to make renting easier

Now that you know your landlord rights, let us help you further. Charlton delivers reliable property management in Auckland to help take the stress away. Trust us to offer you professional expert advice anytime, on any matter, any day of the week. So, if you're struggling with a tenant or just need some friendly advice, contact us today. You can count on us to protect your two greatest assets: your property and your whanau.