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Advice For Tenants When Renting A Property

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  • Advice For Tenants When Renting A Property

    At some stage in your life, be it short term or long term, you will probably end up renting a home to live in. This will probably be done through a property manager or private landlord. Usually the manager or landlord will focus in securing a good outcome for the owner of the property and will not go out of their way to make sure that the property in question ticks all the boxes with regards to your criteria as a tenant. It is solely your responsibility as the tenant to ensure the property you are applying for suits you. If the owner decides to accept your application to rent a property and you sign a tenancy agreement, then you have various obligations to meet so you can’t just change your mind.

    Your tenancy will be governed by a Tenancy Agreement and The Residential Tenancies Act. After decades of renting properties to tenants on behalf of property owners we have put together this list of important issues for you as a tenant to consider when choosing the right property for your family. This will hopefully reduce the potential for problems with landlords and save you time and energy.

    Most tenants main criteria when looking for a property is location. You should narrow down locations that you wish to consider prior to beginning your search to save you time. Auckland is a big city so there is no point in viewing a property unless you are happy with the location. Key points to consider when considering an area is the proximity to local schools, transport, shops and other infrastructure, as well as proximity to your family and place of employment.

    What should I expect from a suburb?
    Presentation of the neighbours, their vehicles and properties give you an indication of the types of people that live in each street. A drive-by down the main roads will show you what facilities/amenities and goods and services are available in the area.

    How do I research a suburb?
    You can use technology to your advantage by using Google maps to assist you with your research. Google maps provide a map view and also a satellite image view so you can check out photos of the location via the internet prior to inspecting. Never make a decision on a specific area based on what a landlord says eg. “This is a good street” as you need to satisfy yourself to that regard! You can also check http://www.schoolzones.co.nz/enrolmentzones/ to find out more about the local schools. Reading local community newsletters will also educate you on the area and what it has to offer. You can read community newspapers online at www.stuff.co.nz/auckland/local-news/ .

    You can use various websites to find and compare rental properties. Try our site or Trade Me or Real Estate

    What rent will I pay?
    The location will influence the majority of the rent. Some of the rent will be influenced by the amenities and condition of the specific home. Market rents are affected by demand and supply in each suburb so if rental properties are in high demand in that area you can expect to pay more. As a general rule, the closer a property is to the city centre the higher the rent. You can view average rents for most Auckland suburbs on the Allen Realty website

    When you finally choose suburbs to concentrate your search on there are specific issues you should look at. This will ensure that you end up with a property that ticks all your boxes that you will be happy with long term.

    Security: Check locks on all doors and windows – most properties are rented ‘as is’ so property owners won’t necessarily be obligated to upgrade something.
    Maintenance: Assess what you will have to maintain as part of your tenancy eg. whose responsibility is the lawns and gardens? Hedges should generally be a joint responsibility with tenants and owners. Do you maintain the swimming pool or does the owner? Who sweeps the driveway or maintains any common areas?
    Insulation: Make sure that you are satisfied withthe property and confident that it will be warm and dry. Look for signs of discolouration on flooring, paintwork, and window coverings (curtains/nets) which show evidence of any moisture. Remember that most rental properties will suffer from some degree of moisture. Make sure properties have adequate ventilation. If you can open windows regularly and operate fans or heat pumps then this will assist with airflow and reducing moisture.
    Noise: The location of the property will affect the amount of noise you should expect. If a property is on a main road or in the CBD you should expect a certain amount of associated noise. If there is a building site next door you should also expect some noise. Often apartments in the CBD have double glazing which will help reduce this issue. The owner of the property cannot directly affect or change this aspect of a property so it is important that you do your homework.

    When you choose a property to apply for and a landlord accepts your application then you will have to negotiate a tenancy. The following issues need to be negotiated first, as once you sign a tenancy agreement it will be too late to change your mind.

    Tenancy Term: The landlord and tenant should agree when the tenancy starts and if it is a fixed term (eg. 6 or 12 months) or a periodic tenancy (month to month).
    Agreement in Writing: All tenancy agreements should be in writing and should confirm the obligations of all parties including and not limited to the bond, rent due dates etc.
    Bond: Once you pay the bond then the landlord is required to lodge your bond with the Department of Building and Housing within 23 working days of receipt. You should receive written notification of the lodgement of your bond within 5 weeks of the start date of your tenancy.

    Good luck finding the right property that suits you. Don’t rush into a tenancy and take the time to find that special place for you. More information on renting can be found on our Tenant Services page or Tenancy Services www.dbh.govt.nz/tenants-getting-started.
    Last edited by donna; 22-07-2010, 12:33 PM. Reason: Removed links to own website in the message - your signature is the place for linking to your website

  • #2
    One of the things I'm hot about. The DBH and their tenancy agreements are incorrect.

    Your posting is also incorrect. I would ask you to look over this quote and let me know where you are incorrect.

    Originally posted by Allen Realty Ltd Prop
    Bond: Once you pay the bond then the landlord is required to lodge your bond with the Department of Building and Housing within 23 working days of receipt. You should receive written notification of the lodgement of your bond within 5 weeks of the start date of your tenancy.
    As an aside, I have had many discussions with the bond center over their insistence I lodged the bond late because I didn't collect the bond at the start of the tenancy. These are rentals I have inherited and the landlord had no bond. The bond lodgment form has no space available for putting the date the bond was received onto it. It only states when the tenancy began.

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    • #3
      Self promotion much?!?!?!?!?

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      • #4
        Yes the bond must be lodged within 23 working days of RECEIVING the bond, not the beginning of the tenancy. Tenants should then receive the confirmation within 5 weeks of receipt of the bond by tenancy services. This 5 week period is not a protocol from DBH but the average time frame to receive notification. Ten years ago tenants/landlords often received confirmation of a bond within a week or two. Now there are much bigger delays.

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        • #5
          Originally posted by Allen Realty Ltd Prop View Post
          Yes the bond must be lodged within 23 working days of RECEIVING the bond, not the beginning of the tenancy.
          Again wrong. Where do you get your information? The DBH website? The back of the DBH tenancy agreement? Or the RTA?

          To clarify. The bond must be forwarded within 23 working days. Allowing for postage that could safely get you as much as two weeks longer. (Christmas holidays and service of documents provisions)

          Yes, I'm being picky but, if you are holding yourself out to know your stuff. Then know it.

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          • #6
            Thanks Keys, Yes when we say lodged we mean sent off to the bond center with the bond lodgement form and the chq.

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            • #7
              Originally posted by Allen Realty Ltd Prop View Post
              Thanks Keys, Yes when we say lodged we mean sent off to the bond center with the bond lodgement form and the chq.
              Then I suggest you use the term written in the RTA.

              Forward.

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              • #8
                Thanks Keys,
                This is what I have done. Here it is especially for you copied and pasted from the outline of the Act at www.dbh.govt.nz/residential-tenancies-act
                "Bonds must be lodged with the Department of Building and Housing within 23 working days of being paid."

                Technically you are dead right though if you wanted to be picky.

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                • #9
                  Originally posted by Allen Realty Ltd Prop View Post
                  Thanks Keys,
                  This is what I have done. Here it is especially for you copied and pasted from the outline of the Act at www.dbh.govt.nz/residential-tenancies-act
                  "Bonds must be lodged with the Department of Building and Housing within 23 working days of being paid."

                  Technically you are dead right though if you wanted to be picky.
                  No no no Allen. That site is just a web site for those who think they know. This is the one which must rule your business.

                  And, yes, I'm being picky. Mostly because you offer advice and those who read it may believe it's accurate. Mostly is mind you but ...................

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                  • #10
                    I'm with Keys here, and I don't think it's being picky at all. You must surely use the Act itself, not the DBH's 'outline' of the Act, or any others' for that matter.
                    The problem is that someone in DBH someday wrote an outline of the Act, but inaccuracies will always sneak in that way. Then you publish your own advice for tenants based on the DHB interpretation etc etc. That's a big no-no - always get it from the horse's mouth.
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                    • #11
                      19 Duties of landlord on receipt of bond

                      • (1) Where any person pays to the landlord, or to any other person on behalf of the landlord, any amount by way of bond, the following provisions shall apply:
                        • (a) The person who receives the payment shall forthwith give to the payer a written receipt, signed by that person, showing—
                          • (i) The address of the premises to which the payment relates; and

                          • (ii) The amount and nature of the payment; and

                          • (iii) The date of the payment; and

                          • (iv) The name of the payer (if known to the person who receives the payment):


                        • (b) The landlord shall, within 23 working days after the payment is made, forward the amount received to the chief executive, together with a statement of particulars in the prescribed form signed by the landlord and the tenant.


                        (2) Failure to issue a receipt, or to forward any amount received, in accordance with this section is hereby declared to be an unlawful act.

                        Compare: Residential Tenancies Act, 1978-1981 (South Australia), s 32(2)
                        Subsection (1)(b) was substituted, as from 18 August 1992, by section 3 Residential Tenancies Amendment Act 1992 (1992 No 79).
                        Subsection (1)(b) was substituted, as from 1 May 1996, by section 8(1) Residential Tenancies Amendment Act 1996 (1996 No 7).

                      20 Duties of chief executive in relation to bonds

                      • Where a landlord forwards to the chief executive any amount paid by way of bond, the chief executive shall—
                        • (a) Deposit the money into the Residential Tenancies Trust Account:

                        • (b) Give to the landlord a written receipt showing—
                          • (i) The address of the premises to which the payment relates; and

                          • (ii) The name of the landlord; and

                          • (iii) The name of the tenant; and

                          • (iv) The amount and nature of the payment; and

                          • (v) The date of the receipt by the chief executive of the payment:


                        • (c) Give to the tenant a copy of the receipt issued in accordance with paragraph (b) of this section.


                        Sections 20, 21, and 22 were substituted, as from 18 August 1992, by section 4 Residential Tenancies Amendment Act 1992 (1992 No 79).


                      21 Tenant may pay bond direct to chief executive with landlord's consent

                      • (1) Notwithstanding anything in section 19 or section 20 of this Act, but subject to subsection (2) of this section, any amount payable by way of bond may, with the consent of the landlord, be paid direct to the chief executive.

                        (2) Every such payment shall be accompanied by a statement of particulars in the prescribed form signed by the landlord and the tenant.

                        (3) Where any amount payable by way of bond is paid direct to the chief executive, the chief executive shall—
                        • (a) Deposit the money into the Residential Tenancies Trust Account:

                        • (b) Give to the tenant a written receipt showing—
                          • (i) The address of the premises to which the payment relates; and

                          • (ii) The name of the landlord; and

                          • (iii) The name of the tenant; and

                          • (iv) The amount and nature of the payment; and

                          • (v) The date of the receipt by the chief executive of the payment:


                        • (c) Give to the landlord a copy of the receipt issued in accordance with paragraph (b) of this subsection.


                        Sections 20, 21, and 22 were substituted, as from 18 August 1992, by section 4 Residential Tenancies Amendment Act 1992 (1992 No 79).
                        Subsection (2) was substituted, as from 1 May 1996, by section 9 Residential Tenancies Amendment Act 1996 (1996 No 7).
                      "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

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                      • #12
                        Great article Simon, apart from the one technicality Keys points out.

                        Have you done your big move yet?

                        Cheers,

                        Paul.

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                        • #13
                          Cheers Paul,
                          Not yet. Watch this space...

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