Under the Residential Tenancies Act, all tenancies entered into after 1 December 1996 must have a written Tenancy Agreement.
The landlord must provide a Tenancy Agreement which sets out the particular conditions that have been agreed to. Both the landlord and the tenant must sign it and the landlord must give the tenant a copy before the tenancy begins.
Changes to the Residential Tenancies Act - August 2019
The Residential Tenancies Act has been amended and this means some changes for all tenants.
What does this mean for you?
The amount you will be charged for careless damage is now capped. If the damage is intentional, you are still responsible for the full cost.
If you’re a new tenant since 28 August 2019, you would have already been informed of your damage liability cap when you signed the Tenancy Agreement for your home.
For more on these changes including your damage liability, you can phone us on 0800 801 501.
If we enter into a tenancy agreement with you, we will:
- make sure your home or flat is in good condition and that the locks and fastenings are adequate
- make sure your home meets building codes and health and safety standards
- arrange for essential repairs to be done as quickly as possible
- give you 24 hours notice before doing any planned maintenance work
- give you 48 hours notice before an inspection
By signing the tenancy agreement, you agree that you will:
- pay your rent on time
- keep your home and garden tidy and not damage the property - if friends, family or visitors damage the property, you need to pay for the repairs
- call us when repairs are needed
- pay your phone and power bills, and for light bulbs
- insure your furniture or belongings against damage, fire or theft
- let us know immediately if your income, your partner's income or the number of people living in your home or flat changes - if you're paying income-related rent
- leave the property clean and tidy, remove all your possessions, and return all sets of keys when you move out
- consider your neighbours
- not let anyone else rent your home or let anyone other than you and your family live there without our permission
- not use the property for an unlawful purpose or let anyone else use it for unlawful purposes
- not change the locks on your home or flat without our agreement
You need to keep your home
in good condition and call us as soon as you can about any damage. You also need to pay for any damage caused, such as:
- burns, stains, marks and scratches
- accidents, such as broken windows
- damage from building or repair work you have done
- forced entry or damage that you may have caused.
If you lose your keys or lock yourself out you can either arrange a locksmith yourself or call us and we'll arrange a new key for you. There will be a charge for replacement keys.
Complaints and Feedback
It’s important that you’re able to live well in your home so if something is not right we want to hear from you. Your feedback is important to us because it helps us understand how we can
improve the way we do things.
Step 1: If you’re not happy with something, contact us and we’ll get back to you as quickly as possible.
Step 2: If you’re not happy with our response to your complaint, you can contact us again and ask us to have another look.
Step 3: If you’re still not happy with our decision, you can ask us to refer your complaint to the Office of the Complaints Commissioner for review. This is a new process we’ve introduced to give all our customers the option of an independent review of our decisions to make sure we arrived at the best possible outcome.
We will respond to your first complaint within 2 working days. If you are posting a letter, a response may take more time and it will be quicker to talk to us or use our online form. See our Contact us page for all our contact details.
If you break the conditions of your agreement and it is something that can be fixed, we will ask you to fix the problem within 14 days.
If you don't fix the problem, we will ask the Ministry of Building, Innovation and Employment for mediation or go direct to the Tenancy Tribunal to end your tenancy and get you to pay any money owed to us.
If you're having difficulty paying your rent, let us know. We may be able to help you with other subsidies such as:
- more suitable arrangements to pay money you owe
- offer suggestions to help you get budget advice.
Mediation is a way for people to sort out problems with the help of a trained, impartial person. The mediator will try to help the people in a dispute to come to an agreement that works for both parties. For more information about mediation, contact the Ministry of Building, Innovation and Employment Tenancy Services(external link) on 0800 TENANCY (0800 83 62 62).
The Tenancy Tribunal
The Tenancy Tribunal is a court set up to deal with unresolved problems between tenants and landlords. We may apply for a Tenancy Tribunal Order if you:
- owe more than 21 days' rent
- have caused or threatened to cause substantial damage to your home or garden
- have assaulted or threatened to assault a Kāinga Ora staff member or neighbour
- have had 14 days' notice to do something under the tenancy agreement but haven't done it
- have broken one or more of the terms of your tenancy agreement with us and the problem cannot be resolved
- have used or allowed your home or flat to be used for illegal activities.
- For more information about the Tenancy Tribunal, contact the Ministry of Building, Innovation and Employment Tenancy Services(external link) on 0800 TENANCY (0800 83 62 62).
Independent advice for tenants
If you have a complaint or concern about Kāinga Ora, contact us in the first instance on 0800 801 601. If you're not satisfied with the result, you may decide to apply for mediation or to go to the Tenancy Tribunal. Application forms are available from all Ministry of Building, Innovation and Employment offices. There is an application fee of $20.
The Ministry of Building, Innovation and Employment(external link) also provides free advice for tenants.