Renting and You

The VUWSA Advocate: Erica Schouten
I help with academic issues and other problems
Some common issues I help international students with

are:
PhD problems
Tenancy problems
Complaints when things go wrong
Plagiarism
Renting and you
Tenancy issues in New Zealand
Support/ advice you can trust
 Tenancy Services – 0800 TENANCY (0800 836 262)

 https://www.tenancy.govt.nz/
Two ways of renting
 TENANT  FLATMATE
 Tenants are the people who are named on  Might have a written agreement,
the lease/ rental agreement for the flat.
If you have met the landlord/ propery but this is an agreement with other
manager and signed an agreement you flatmates not the landlord
are a tenant  Might not have a written agreement
 A written agreement is compulsary. The at all (which is bad, but not illegal)
landlord is breaking the law if they rent
to you without a written agreement  Does not have the same rights as a
 tenant. You have no protection from
Has a legal relationship with the landlord
eviction (e.g. Your flatmate could
 Tenants have more rights than flatmates, ask you to move out. If they are a
but they also have more responsibilities
tenant, then you have to move out)
Benefits of being a tenant
 You are protected by the Residential Tenancies Act

 Your landlord would find it very hard to kick you out – you have rights!!
 If something breaks at your property it is almost always the landlord’s
responsibility to fix it
 If something goes wrong you can take your landlord to the Tenancy Tribunal
Disadvantages of being a tenant
 You have signed a legal contract. It is very hard to get out of this contract
 If your contract says you have a “fixed term” for a year, this means you need
to pay rent for the whole year
 If you want to leave your landlord might let you, but they don’t have to – you
could still legally be responsible for paying rent until the end of the contract
COSTS of being a tenant
 Bond – maximum four week’s rent. The landlord must give the bond to the
bond service. They can’t keep it. You can reclaim it at the end of your
tenancy. You should get a receipt.
 Rent in advance (up to two week’s rent)
 You will also need to budget for power, internet etc... Sometimes these are
included in a tenancy agreement
Two types of contract
 Fixed Term  Periodic

This is the most common in Wellington Continuous. No fixed end-date
student flats.
Landlord needs to give you three
Your agreement will say how long it is months or 42 days notice to move out
for. A year is typical.
You need to give 21 days notice that
It is often hard to get out of these you want to move out
tenancies early, so think carefully
They need to give you 60 days notice
before agreeing.
of a rent increase
They cannot increase the rent
Moving in...
 It is good practice for landlords and tenants to do a walk through inspection.

There should be a list, where you can make notes about any existing damage
(e.g. Stained carpets, holes in walls). TAKE PHOTOGRAPHS
 Make sure that everyone’s name and contact details are on the tenancy
agreement
 Make sure everything works properly and point out to the landlord anything
you think needs to be fixed
 Check that there are working smoke alarms. The landlord is breaking the law
if they don’t have working smoke alarms.
Once you move in:
 The flat is your home. Your landlord cannot visit without giving you proper
notice (24 hours, but you can be flexible). You are entitled to “quiet
enjoyment” of the property, which means that they must respect your peace
and privacy
 If something breaks, or is damaged, you need to contact your landlord. They
are responsible for doing repairs, but you need to keeep them informed. If
you damage something on purpose you might need to pay for it to be fixed.
 You must pay rent. Even if something is broken you cannot withhold rent
 Do not smoke in your flat
 Don’t paint your room. Be very careful putting items on walls. Most landlords
like 3M hooks.
 If your landlord asks for extra money don’t pay. Talk to us first.
A case study
You and your friends view a flat. You decide you want to move in. The landlord
says that is fine and he is happy for you to move in. What are some things that
must happen for this to be a legal tenancy?
ANSWERS
 There MUST be a written contract

 You need to give the landlord the money for bond
 The landlord must give the bond to the Bond Centre
Case study 2
 Your stove is not working properly, so you phone your landlord and tell her it
needs to be fixed. She says she will speak to an electrician and get back to
you, but that you will need to pay for some of the repairs.
 It is the weekend and you have a few friends over for dinner. At 7pm the
landlord knocks on the door and says she wants to come in and look at the
stove.
 What should you do?
ANSWERS
 It is not your job to pay for the repairs to the stove (unless you deliberately
did something to damage the stove)
 The landlord should not turn up without telling you she is coming
 You might want to let her in because you really want the stove fixed. If you
do this, you could tell her you would like her to tell you before she visits next
time
 Or you could tell her you have friends over and it is inconvenient for her to
come in – it is your right to enjoy the “quiet enjoyment” of your property
Flat inspections
The landlord must give you 48 hours notice before an inspection

Maximum number of inspections per month: ONE
Most NZ landlords only inspect properties at the end of the tenancy.
Cold, damp and mould
 A lot of NZ houses are poorly insulated and cold, so when you are looking for a
flat bear this in mind. Houses on flat land tend to be warmer and drier than
houses in valleys such as Aro Valley.
 Your tenancy agreement must have an “insulation statement” – check this to
find out if your property is insulated. If it is not insulated, they are probably
breaking the law.
 Mould is a “joint responsibility” – both tenants and landlords have to work on
this one. If your flat is really damp you could ask your landlord to buy you a
dehumidifier
 Try to dry clothes outside and put lids on pots when cooking. Also try and
open the windows to air the house out, and wipe condensation off windows.
Communication
 It is really important that you maintain good communication with your

landlord if anything goes wrong
 If you are having any problems with your landlord or property manager you
can phone Tenancy Services for free: 0800 TENANCY (0800 836 262)
 If they can’t help you, you are welcome to come and see me
 (advocate@vuwsa.org.nz)
You can contact me:
 advocate@vuwsa.org.nz
 04 463 6984

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The VUWSA Advocate: Erica Schouten

I help with academic issues and other problems

Some common issues I help international students with

 Tenancy Services – 0800 TENANCY (0800 836 262)

 You are protected by the Residential Tenancies Act

 Fixed Term  Periodic

 It is good practice for landlords and tenants to do a walk through inspection.

 There MUST be a written contract

The landlord must give you 48 hours notice before an inspection

 It is really important that you maintain good communication with your

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