The Late Rent Payment Agreement is a critical document used in New Zealand when tenants fall behind on their rental payments and wish to establish a formal arrangement to clear their arrears. This document becomes necessary when standard rent collection processes have been unsuccessful and both parties agree to a structured payment plan. It must comply with the Residential Tenancies Act 1986 and other relevant New Zealand legislation, providing a clear framework for resolving rent arrears while maintaining the tenancy relationship. The agreement typically includes details of the outstanding amount, payment schedule, consequences of default, and any special conditions agreed upon by both parties. It serves as a protective measure for both landlords and tenants, offering a documented path to resolve rental debt while avoiding more severe actions such as tenancy termination or Tenancy Tribunal proceedings.
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1. Parties: Identifies the landlord and tenant, including full legal names, addresses, and contact details
2. Background: Outlines the existing tenancy agreement details, acknowledges the rent arrears situation, and states the parties' intention to enter into a payment arrangement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Outstanding Amount: Specifies the total amount of rent arrears, including a breakdown of the periods and amounts owed
5. Payment Plan: Details the agreed payment schedule, including installment amounts, payment dates, and payment methods
6. Default Provisions: Outlines the consequences of failing to meet the payment plan obligations and the landlord's remedies
7. Effect on Tenancy Agreement: Confirms that the original tenancy agreement remains in force and this agreement is supplementary
8. Communications: Specifies how parties will communicate regarding payments and any issues
9. Execution: Signature block for all parties to execute the agreement
1. Interest and Fees: Include when there are agreed interest charges or administrative fees on the outstanding amount
2. Security: Include when additional security or guarantees are being provided for the payment plan
3. Early Payment Provisions: Include when there are terms for early payment or payment plan completion incentives
4. Hardship Provisions: Include when specific provisions for future financial hardship are agreed upon
5. Dispute Resolution: Include when specific dispute resolution procedures beyond standard legal remedies are agreed
1. Schedule 1 - Rent Arrears Calculation: Detailed breakdown of the outstanding rent amounts, including dates and calculations
2. Schedule 2 - Payment Schedule: Detailed payment schedule showing all installment dates and amounts
3. Schedule 3 - Original Tenancy Agreement: Copy or relevant excerpts of the original tenancy agreement
4. Appendix A - Direct Debit Authorization: If applicable, direct debit setup forms and authorization
5. Appendix B - Guarantor Agreement: If applicable, guarantor's acknowledgment and agreement to the payment plan
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Legal
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Residential Leasing
Collections
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Risk Management
Tenant Relations
Documentation
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Relevant Roles
Property Manager
Real Estate Agent
Tenancy Compliance Officer
Legal Counsel
Housing Officer
Rental Administrator
Account Manager
Debt Collection Specialist
Tenancy Relations Manager
Property Operations Manager
Residential Leasing Manager
Risk Assessment Officer
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