A land­lord’s rights and re­spon­si­bil­i­ties

Kapi-Mana News - - OPINION -

If you are let­ting a res­i­den­tial prop­erty to a ten­ant you have rights and obli­ga­tions. Your rights: To be paid on time de­duc­tion).

To be told of any dam­age or nec­es­sary re­pairs as soon as pos­si­ble.

To re­quire the ten­ant to fix or pay for dam­age they or vis­i­tors cause (de­lib­er­ate or neg­li­gent).

To be given 21 days’ no­tice if the ten­ants wish to leave (fixed-term leases are dif­fer­ent).

To be given ac­cess at rea­son­able times by agree­ment for prospec­tive ten­ants, agents, valuers or pur­chasers.

To have the prop­erty kept clean and tidy dur­ing the ten­ancy and upon de­par­ture.

To have all keys etc re­turned upon de­par­ture.

To set a max­i­mum num­ber of res­i­dents ( note this does not ex­clude tem­po­rary vis­i­tors stay­ing over).

To ac­cess the prop­erty to do re­pairs. Emer­gency re­pairs can be done at any time. Non- ur­gent re­pairs should be be­tween 8am and 7pm.

To in­spect the prop­erty be­tween 8am and 7pm once ev­ery four weeks (upon 48 hours’ no­tice).

To limit who is the ten­ant. You can do this in the agree­ment. Your obli­ga­tions: To pro­vide a signed copy of the agree­ment to the ten­ants.

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To carry out all nec­es­sary re­pairs (other than ten­ants’ de­lib­er­ate or neg­li­gent dam­age).

To give 24 hours’ no­tice of car­ry­ing out non-ur­gent re­pairs.

To give 48 hours’ no­tice of an in­spec­tion.

To send the bond money (you can­not re­quire more than four weeks’ bond) to the Min­istry of Business In­no­va­tion and Em­ploy­ment within 23 work­ing days.

To pro­vide re­ceipts for pay­ments. To pro­vide a clean, tidy prop­erty. To en­sure the locks work and the prop­erty is se­cure.

To keep all ser­vices, such as plumb­ing and wiring, safe and work­ing. To pro­vide a wa­ter sup­ply. To give 60 days’ no­tice of any rent in­crease.

To take steps to stop your ten­ants disturbing other ten­ants.

To re­pay the ten­ant for emer­gency re­pairs (if the ten­ant rea­son­ably at­tempted to ad­vise you in ad­vance so you could fix it).

To ad­vise the ten­ants ( in writ­ing) if you put the prop­erty up for sale.

To limit rent in ad­vance to two weeks.

To leave the ten­ants in peace and pri­vacy.

To not hold the pos­ses­sions as se­cu­rity.

To not cut off or dis­rupt gas, wa­ter, phone or elec­tric­ity ex­cept in an emer­gency or for re­pairs.

To not change the locks or evict a ten­ant with­out an or­der from the Ten­ancy Tri­bunal.

B asks about his right to re­quest a cor­rec­tion of in­for­ma­tion held by an or­gan­i­sa­tion which he does not agree is cor­rect. Can he in­sist on a cor­rec­tion?

You have a right to re­quest the cor­rec­tion of in­for­ma­tion held about you.

Of­ten the holder will change the in­for­ma­tion, if they can see that what they have is in­cor­rect.

Some­times it is not clearcut, so the holder does not have to cor­rect it. How­ever, if they do not cor­rect it, they must make it clear on your file that you have re­quested a cor­rec­tion and what the changes are that you re­quested.

That is so any­one look­ing at the file is fully in­formed about the is­sue in dis­pute.

Col­umn cour­tesy of Rainey Collins Lawyers, phone 0800 733484. If you have an in­quiry, email Alan on aknowsley@rain­ey­collins.co.nz.


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