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A Tenancy Agreement is a legal contract between a landlord and tenant that sets out the key rules and conditions for renting a property in New Zealand. It spells out essential details like rent amounts, payment dates, bond requirements, and how long the tenancy will last.

Under the Residential Tenancies Act, this binding agreement protects both parties by clearly stating their rights and responsibilities. It covers crucial points like maintenance obligations, allowed property uses, and the process for ending the tenancy. Most Kiwi landlords use the standard form agreement from Tenancy Services, though they can add extra terms as long as these follow NZ law.

You need a Tenancy Agreement before anyone moves into a rental property in New Zealand. This legal requirement applies to all residential rentals - from single rooms to entire houses, and for both fixed-term and periodic tenancies.

Having this agreement in place protects both parties when issues come up, like damage disputes or rent increases. It's essential to sign it before handing over keys or accepting any payments. Many landlords face problems later because they rushed the move-in process without proper documentation. The agreement also helps resolve disputes through the Tenancy Tribunal, as it clearly shows what everyone agreed to.

• Landlord Tenancy Agreement: The standard residential rental agreement, used for most private home rentals and covered by the Residential Tenancies Act.
• Boarding House Tenancy Agreement: Specialized agreement for properties with 6+ rooms where tenants share facilities.
• Commercial Property Lease Agreement: Used for business premises, with different rules and protections than residential tenancies.
• Subletting Tenancy Agreement: For tenants who rent out part or all of their rented property to another person.
• Flatmate Tenancy Agreement: Used when existing tenants bring in new flatmates to share the property.

• Landlords: Property owners or managers who provide rental properties and must ensure the agreement meets legal requirements under NZ tenancy law.
• Tenants: Individuals or families who rent the property and agree to its terms, including payment obligations and property care responsibilities.
• Property Managers: Professional agents who create and manage agreements on behalf of landlords, handling tenant relationships and compliance.
• Tenancy Services: Government agency that provides the standard agreement template and mediates disputes between parties.
• Guarantors: People who sign the agreement to guarantee rent payments or other tenant obligations, often required for student or first-time renters.

• Property Details: Gather exact address, included chattels, parking spaces, and any specific areas that are off-limits.
• Tenant Information: Collect full names, contact details, and ID verification for all adults who will live there.
• Financial Terms: Determine weekly rent amount, bond value (up to 4 weeks), payment method, and due dates.
• Tenancy Type: Decide between fixed-term or periodic tenancy, including start date and duration if fixed.
• House Rules: List specific conditions about pets, smoking, maintenance responsibilities, and maximum occupants.
• Documentation: Take dated photos of property condition and prepare a detailed property inspection report.

• Party Details: Full legal names and contact information for landlord, tenant(s), and any guarantors.
• Property Information: Complete address and description of the rental property, including any excluded areas.
• Term and Type: Clear statement of tenancy type (fixed-term/periodic) with start date and duration.
• Financial Terms: Rent amount, payment frequency, bond details, and any additional charges.
• Legal Rights: Standard rights and responsibilities under the Residential Tenancies Act.
• Maintenance Terms: Clear outline of landlord and tenant responsibilities for property upkeep.
• Signatures: Dated signatures from all parties, making the agreement legally binding.

A key distinction people often need help with is between a Tenancy Agreement and an Agency Agreement. While both deal with property matters, they serve different purposes and involve different relationships.

• Legal Relationship: A Tenancy Agreement establishes rights between landlord and tenant for property occupation, while an Agency Agreement creates a business relationship between property owner and property manager.
• Duration: Tenancy Agreements typically run for 6-12 months or periodic terms, whereas Agency Agreements often cover longer periods of ongoing property management services.
• Scope: Tenancy Agreements focus on occupancy rights, rent, and property care. Agency Agreements cover services like finding tenants, collecting rent, and managing maintenance.
• Legal Framework: Tenancy Agreements fall under the Residential Tenancies Act, while Agency Agreements are governed by the Real Estate Agents Act.