Sign a rental and protect your bond

Why it matters

• Tenancy Services says tenancy agreements must be in writing, and the landlord must give you a copy of the signed agreement before the tenancy starts. It says the Residential Tenancies Act 1986 still applies even if there is no written agreement.
• Tenancy Services says that if you sign a tenancy agreement with a landlord you are a tenant and covered by the Residential Tenancies Act 1986. It says flatmates, who live under someone else's tenancy agreement or rent a room in the owner's own home, are not covered by the Act.

Steps

1. Read the whole tenancy agreement, including its terms and conditions, before you sign. Tenancy Services says to sign only when you are sure you want the property, and to keep a signed copy and any receipts somewhere safe.
2. Check that the agreement comes with the landlord's signed healthy homes standards compliance statement. Tenancy Services says all new or renewed agreements must include one, and landlords must also include insurance and insulation statements.
3. Inspect the property with your landlord and record its condition on the property inspection report. Tenancy Services suggests taking photos, and says you and the landlord should both sign, date and keep a copy of the report.
4. Do not pay a letting fee. Tenancy Services says landlords and their agents cannot charge tenants letting fees, and that landlords cannot charge key money, except an option fee of up to one week’s rent to hold the property.
5. Tenancy Services says that if you pay the bond to the landlord, they must lodge it with Tenancy Services within 23 working days of receiving it. You and the landlord then get confirmation with the bond number.
6. If you have not been told your bond is lodged, contact your landlord. Tenancy Services says to do this if you have no notification within 6 weeks.
7. Arrange your own services. Tenancy Services says you will need to get services such as electricity, gas, internet and phone connected.
8. If something goes wrong and you cannot sort it out by talking to your landlord, Tenancy Services lists the next options: FastTrack Resolution, mediation, or an application to the Tenancy Tribunal.
9. For questions about bonds or any other tenancy matter, Tenancy Services runs a Tenancy Information line on 0800 836 262, free if you're in New Zealand.

Documents you'll need

• Your signed tenancy agreement, which Tenancy Services says the landlord must give you a copy of before the tenancy starts
• The landlord's signed healthy homes standards compliance statement
• The property inspection report, signed and dated by you and the landlord
• The receipt for your bond, which Tenancy Services says the landlord must provide

Common mistakes

• Skipping the inspection report or not keeping a signed copy. Tenancy Services says the report can be evidence in a dispute, and a tenant cannot be blamed for damage recorded when the tenancy started.

Watch out for

• Tenancy Services says to keep your Tenant Number safe and not share it with anyone, not even your landlord.
• Tenancy Services says landlords cannot refuse to rent to you or end your tenancy for reasons that breach the Human Rights Act.
• Tenancy Services says a landlord cannot cause, or directly turn off, the power or water supply unless it is necessary to avoid danger to a person or to allow repairs.

Cost

• Tenancy Services says the bond can be up to 4 weeks’ rent, and that you should work out your total move-in cost before renting.

When to get advice

• Tenancy Services says that if there is anything in the tenancy agreement you do not understand, you should seek advice before you sign.

Sources