Rental agreement terms to be met by both landlord and tenant
Question from Michael updated on 18th November 2010:
Our expert Jeff Montgomery responded:
Tenancy agreements are valid when:
- an offer is made to rent a property; and
- an agreement between the two parties on the terms and conditions of the tenancy is accepted; and
- there has been an exchange of benefits between both parties (e.g. rent in exchange for renting the property).
Tenancy agreements should be in writing, however, they may still be enforceable where an agreement has been made verbally. If you have entered into a tenancy agreement with your landlord, it will be valid if details have been omitted in error. I suggest contacting your landlord to have them complete their details on the agreement, and to clarify the rent in advance requirements.
A tenant cannot be required to pay further rent before the expiry of the period for which rent has already been paid. If the rent was agreed to be paid two weeks in advance, then rent payments should be paid fortnightly. If the rent was agreed to be paid weekly, then it will be paid one week in advance.
To discuss your situation further, or for information about applying to the Tenancy Tribunal, you can visit the Department of Building and Housing website (www.dbh.govt.nz), or call 0800 TENANCY
The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.
