A landlord’s guide to rights and obligations

Owning a rental property is a significant investment, and being a good landlord is key to making it a successful one. In New Zealand, the relationship between a landlord and a tenant is governed by the Residential Tenancies Act 1986. Understanding your rights and, just as importantly, your obligations under this law is essential for protecting your investment and maintaining a positive, professional tenancy.

This guide provides a clear, simple overview of the key responsibilities and rights for landlords in New Zealand.

Your key obligations as a landlord

As a landlord, your primary responsibility is to provide a safe, healthy, and secure home for your tenants. This involves several key duties.

Provide a written tenancy agreement: All tenancy agreements must be in writing. This is a legal contract that outlines the terms of the tenancy, and you must provide your tenant with a signed copy before the tenancy begins.
Lodge the bond correctly: If you collect a bond (which can be no more than four weeks’ rent), you must give the tenant a receipt and lodge the full amount with Tenancy Services within 23 working days.
Meet all legal standards: You must ensure the property is in a reasonable state of repair and meets all relevant building, health, and safety standards. This includes having working smoke alarms.
Comply with Healthy Homes Standards: All rental properties must comply with the Healthy Homes Standards, which cover heating, insulation, ventilation, moisture and drainage, and draught stopping. Your tenancy agreement must include a detailed statement of the property’s current level of compliance.
Carry out repairs and maintenance: You are responsible for maintaining the property. This means you must carry out necessary repairs in a timely manner to keep the property in good condition.
Respect the tenant’s privacy: You must give the correct notice before entering the property. This is typically 48 hours for an inspection and 24 hours for carrying out repairs. You cannot interfere with your tenant’s right to quiet enjoyment of their home.
Keep accurate records: You must keep records of all rent payments, inspections, and maintenance work for tax purposes and to comply with tenancy laws.

Your key rights as a landlord

Alongside your responsibilities, you also have rights that protect you and your investment.

Receive rent on time: You have the right to receive the full amount of rent on the date it is due, as specified in the tenancy agreement.
Enter the property with notice: You have the right to enter the property to carry out inspections or necessary repairs, provided you give the tenant the correct legal notice.
End a tenancy lawfully: You can end a tenancy by giving the correct notice, which varies depending on whether it is a fixed-term or periodic agreement and the reason for ending it.
Expect the property to be cared for: Tenants are required to keep the property reasonably clean and tidy and to notify you of any damage or need for repairs as soon as possible.
Claim for damages: At the end of a tenancy, you can claim costs from the bond for any tenant-caused damage that goes beyond normal wear and tear, or for any unpaid rent.

What you cannot do as a landlord

The law also sets out clear rules about what landlords are not allowed to do. Breaching these can result in significant penalties.

You cannot seize a tenant’s belongings for any reason, including unpaid rent.
You cannot change the locks without the tenant’s permission.
You cannot interfere with the supply of services like power or water, unless it is to avoid danger or to allow for repairs.
You cannot discriminate against potential tenants based on race, gender, marital status, or other grounds covered by the Human Rights Act.
You cannot charge more than four weeks’ rent as a bond or more than two weeks’ rent in advance. Letting fees are also illegal.

Need help navigating your obligations?

Being a landlord comes with a lot of responsibility, and tenancy law can be complex. If you’re unsure about your obligations or want to ensure your investment is being managed correctly and professionally, our property management team is here to help.

Call us today on (09) 626 6119 for a friendly, confidential chat.