Find out about your rights and responsibilities under tenancy law and download an information pack for new landlords.
You will get the most out of your rental property if you plan carefully and understand all your rights and responsibilities.
These guides will help you understand the basics of tenancy:
Renting and You (available in 12 languages – click the drop-down)
Short guide to good renting (available in five languages – click the drop-down)
The property must be lawful and in good condition
Your property must meet all legal requirements before being rented out. This includes requirements around buildings, health, and safety. Make sure any maintenance or repairs are done before tenants move in.
All rental properties must have working smoke alarms and ceiling and underfloor insulation.
Current insulation requirements
Healthy homes standards
Landlords also need to consider how they will comply with the healthy homes standards.
Between 1 July 2021 and 1 July 2025, all private rentals must comply with the healthy homes standards within certain timeframes depending on when the new tenancy starts or is renewed. Use the compliance timeframes decision tool to find out when your rental property needs to comply.
Compliance timeframes decision tool
Some private rentals may have additional time to comply with the heating standard. This will depend on whether the property uses the new heating formula to calculate the required heating capacity for the main living room.
Find out if your home meets the criteria for the new heating formula
All boarding houses must comply by 1 July 2021. All houses rented by Kāinga Ora (formerly Housing New Zealand) and registered Community Housing Providers must comply by 1 July 2024.
Use the compliance timeframes decision tool to find out when your property needs to comply
There are some things landlords need to do now:
- Landlords must keep records of all documents that show how they are complying with the healthy homes standards
- Landlords must include additional statements in all new tenancy agreements.
Unlawful properties
If you rent out an unlawful property you are breaching your obligations. You could be ordered by the Tenancy Tribunal to repay rent and other amounts, such as compensation or penalties to the tenant.
Properties which have been found by the Tenancy Tribunal to be unlawful for residential purposes include:
- properties with unconsented building work. These are in breach of the Building Act 2004
- dwellings which breach the relevant District Plan (eg, there are extra dwellings on one title)
- where the code compliance for the building limits its use (eg, to an office or outbuilding only)
- the dwelling has been deemed by the local council to be "insanitary" under the Building Act 2004
- using the property for residential purposes is outside the scope of a resource consent. This breaches the Resource Management Act 1991.
It’s good to know who to call when you need help. Having contacts set up in advance can save time and headaches. Useful contacts to have are:
- tradespeople
- a credit check agency
- a local property investors association.
Rent payments and insurance
Work out how much rent to charge, and have a separate bank account ready for it. If you rely on this account for any automatic payments (such as rates, insurance or mortgage) it is best to have a buffer in case the rent doesn’t go in when expected.
Make sure you have the right insurance, and you understand the requirements of your policy.
Finding tenants and starting a tenancy
Before finding tenants to move in you’ll need:
Once you’ve chosen tenants, sign a tenancy agreement. Tenancy agreements must be in writing and the landlord must give the tenant a copy before the tenancy starts.
We have a tenancy agreement template you can download and use. Learn more about tenancy agreements
Build a good relationship with your tenant straight away. Use the initial property inspection to talk about the condition of the property. Let them know how often you’ll do inspections and make sure they have your contact details.
Keeping records
It’s important for both landlords and tenants to keep accurate receipts and records related to the tenancy. These can help clear up any issues. Landlords must also keep records for tax purposes, and to comply with healthy homes standards.
Landlord information pack
Our landlord information pack will help you get off to a positive start. It includes:
- your rights and responsibilities under the law
- what to check for when choosing tenants
- taking and lodging bond money
- the forms you need to manage your property
- how to keep track of rent payments
- what to do if your tenant breaches the tenancy law
- how to get help from us if you need it.
Last updated: 13 September 2023