Residential Tenancy Clauses – What To Use, And What To Avoid

Both Landlord and Tenant have certain rights, responsibilities & expectations in this renting relationship under the Residential Tenancies Act 1986.  It is legally required to have a tenancy agreement in writing.  However, if an agreement is just verbal, the Residential Tenancies act can still apply. As a Property Management Company, we set your tenancy up to succeed. 

There are minimum requirements for a tenancy agreement to include.  Some of the basics are: 

  • Names and contact details of both parties
  • Rental property address
  • Rent payable
  • Tenancy start date and end date (if fixed term)
  • Insurance excess
  • Healthy Homes Standards statement

A landlord can also include extra clauses specific to the property.  Such as:

  • Agreement around pets
  • Maximum number of occupants
  • Who maintains the grounds

A landlord cannot write a clause into a tenancy agreement that is not in line with the Residential Tenancies Act.  Any clause that is in conflict with the Act may be considered unenforceable by the tenancy tribunal and may amount to the landlord carrying out an unlawful act. 

Clauses that should not be included, and cannot be enforced should not be used, such as: 

  • Compelling professional cleaning at the end of a tenancy – Why?  A tenant is only required to leave a property reasonably clean and reliably tidy.
  • Asking for a bond larger than 4 weeks’ rent (eg, extra pet bond)
  • Restricting visitors to the property.  Why?  A tenant is entitled to quiet enjoyment of their rental property while renting the property.  
  • A tenant is required to change stove elements or water filters.  Why? The landlord is responsible for maintaining the house and its fixtures in a reasonable state of repair.

Let us help you be a legally responsible Wellington Property Investor.  We understand the law and deal with the most experienced tenancy consultancies in the Country to ensure our tenancy agreements are clear, expensive and conform to the Residential Tenancies Act. 

Reach out, say hello, and let us look after your tenants and your investment property for you. Contact us, Switch to us, or call us today on 0800 567 563