Learn about tenants' responsibilities, landlords' responsibilities & much more.
At Bayleys Property Management we strive to have an easy and stress-free relationship with the tenants we source for our landlords. The key is, of course, communication and making sure that we're always available to answer any queries you may have. Our Property Managers are experts at going the extra mile and so we have put together a comprehensive Tenancy Information Pack for you. You'll find a condensed version right here, alongside key tenants' responsibilities and landlords' responsibilities, and the complete Tenancy Information Pack is available to download for FREE.
Tenancy Information Pack
Your landlord's responsibilities (or Bayleys Property Management's as their agents) under the Residential Tenancies Act 1986 are as follows:
- Provide & maintain the premises in reasonable condition
- Allow the tenant quiet enjoyment of the premises
- Comply with all building, health and safety standards that apply to the premises
- Pay rates and any insurance taken out by the landlord (please refer to the section on insurance below)
- Lodge the bond with the Department of Building and Housing
- Not seize the tenant's goods for any reason
- Inform the tenant if the property is put on the market for sale
- Not interfere with the supply of services (power, water, gas etc.)
- Ensure that plumbing, electrical wiring and the structure of the building is safe and working
- Provide adequate water collection and storage without reticulated water supply
Under the Residential Tenancies Act 1986 you have the following responsibilities as a tenant:
- Pay the rent on time at least one week in advance (weekly, fortnightly or monthly as requested by you)
- Keep the premises clean and tidy, free of rubbish, bottles etc.(any costs involved to make good non-compliance of this clause will be charged to you)
- Notify Bayleys Property Management as soon as any repairs are needed (you may not withhold rent if you cannot get repairs effected.) If you were to have an issue regarding repairs please contact Tenancy Services on 0800 83 6262
- Use the premises primarily for residential services
- Don't damage or allow guests to damage the premises
- Inform Bayleys Property Management of any damage as soon as possible
- Don't disturb the neighbours or other tenants of Bayleys Property Management (tenants can be fined for non-compliance of this clause)
- Don't alter the property without prior written consent of your landlord
- Don't use the property for any unlawful purpose
- Leave the property clean and tidy and clear of rubbish and possessions at the end of the tenancy
- At the end of the tenancy, leave all keys and chattels with Bayleys Property Management or return these at the final inspection (Note: failure to return keys at the end of the tenancy will result in the locks being changed and costs being charged to you)
- Pay all charges for electricity, gas and water (where applicable) and all telephone and toll charges incurred during the tenancy
- Replace all light bulbs and switchboard fuses in the premises as they wear out, are broken or become unusable
- Replace all window panes, mirrors and light shades at the premises if they are broken or become unusable (excepting fair wear and tear) with others of at least the same quality as at the beginning of the tenancy
- Pay contractors call-out fees if arrangements have been made to enter the premises are not adhered to
- Don't exceed maximum number of occupants
- Don't paint, drive nails or screws into, or affix any kind of adhesive tape to, or in any way deface the walls, ceilings, floors, wood or iron work, or the owners fittings and fixtures (Note: we recommend 3M picture hooks to hang pictures, and that these are carefully removed at the end of the tenancy)
- Lawns, where required, should be mown regularly and gardens kept tidy - all waste and clippings are to be removed from the property
- Keep drains, sink wastes, and shower wastes clean, clear and in good order, and don't pour oil or fat down the sink waste
- Keep the premises free of pests and vermin, and if any pests enter the property during the tenancy, pay for fumigation or removal
- Keep the premises well ventilated at all practical times to prevent the buildup of mould and/or mildew
Your landlord's insurance does not cover your belongings or liability. Therefore we strongly recommend you have your own contents and indemnity insurance. It usually covers third party damage which you may cause to the owner's property. The owner is responsible for insuring the house and their property in the house.
Types of tenancy agreements
Bayleys Property Management prefer to sign fixed-term tenancy agreements with most tenants as this gives both you and the property owner assurance over the coming months.
- Neither you or the landlord can give notice to end a fixed-term tenancy
- Under the Residential Tenancies Act 1986 there is no automatic 'Right of Renewal' for a fixed-term tenancy agreement. We will contact you 6 to 8 weeks prior to the end of your tenancy to discuss renewal or ending options and terms. There is no cost to tenants for renewal of tenancies.
- Breaking a fixed-term tenancy due to major change to your circumstances is possible. While we are not legally obliged to allow you to do so, we will do whatever we can to assist you. You'll find a brief outline of how we can go about helping you break your tenancy and your obligations in the downloadable, full Tenancy Information Pack.
On some occasions both the tenant and property owner will agree on a periodic tenancy agreement. In this case your and the owner's obligations are the same as for a fixed-term tenancy.
- To end a periodic tenancy you must give a minimum of 21 days' notice to your Property Manager in writing (email is acceptable). (Note that the 21 days' notice starts from the business day the notice is received, not when the notice is dated.)
- The property owner can end the tenancy by giving 90 days' notice (no reason required), or 42 days' notice if the owner or their family are moving into the property, or it is sold and vacant possession is required.
Any chattels included with your property and as part of the Tenancy Agreement will be listed on your condition report. If there is any discrepancy with this list, please ensure you contact your Property Manager within 7 days of the start of your tenancy, otherwise we will accept the supplied list and condition report as correct.
What do I need to know about paying rent?
We expect that all rents are paid by automatic payment in advance, as per your Tenancy Agreement. We also require just one payment per tenancy. So if you have more than one tenant at your property, we highly recommend you open a joint/flat account from which to pay your rent and joint bills and accounts.
How do you deal with rent arrears?
Bayleys Property Management have a zero rent arrears policy which we strictly implement and action with all tenants. Many of our owners have substantial financial commitments and employ us to action our rent arrears policy strictly. We do implore you to contact us prior to missing a rent payment so that, if possible, we can make appropriate arrangements. You'll find a process we follow for all tenant arrears in the downloadable, full Tenancy Information Pack.
What do I need to know about property maintenance inspections?
We complete our initial property inspection approximately 6 weeks after the start of the tenancy and every 3 months thereafter. Your Property Manager will send you a letter advising you of the date and approximate time of the inspection with a minimum of 48 hours' notice. You don't have to attend the inspection, but you are most welcome to be there. It is unlikely that the day and time of the inspection can be changed, unless there are extenuating circumstances.
How do I deal with property maintenance?
We prefer for you to email all non-urgent maintenance requests to your Property Manager. If you have a maintenance emergency which requires immediate attention please phone the all-hours phone number 03 375 4700. Emergencies for example include unusable toilet, electrical faults, no running water or leaks/flooding.
In the full version of our Tenancy Information we have listed a range of tips to help you with daily property maintenance on your part. They cover condensation and mildew, carpet stain removal and air conditioning/heat pump maintenance.
What do I do when I shift out?
In order for your bond to be refunded as quickly as possible, you have to leave the property in a good condition. Your Property Manager is happy to help you arrange quotes to clean the property and garden areas if necessary. We have also compiled a cleaning guide for your final bond inspection which you'll find in the full version of the Tenancy Info Pack. Please note that we can't inspect the property until you have removed all your belongings and returned the keys/meet us at the property to return all keys. If all keys are not returned we will charge you for changing the locks.
Please ensure you have completed the following at/before the final inspection:
- Provide our office with your forwarding address & new phone numbers
- Your rent is paid in full to the vacate date
- Provided your final readings for all services including power, gas & water (applicable only in Selwyn District and various Christchurch properties)
- You have arranged mail forwarding with your post office
All tenant damage must be made good to a professional standard. We have negotiated discounted rates with our contractors for our tenants and owners. If you have damage that requires repair, please contact us for the details of our contractors.