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  1. #1
    Join Date
    Jun 2005
    Location
    Christchurch
    Posts
    27

    Default Boarders Agreements

    Hi
    was wondering if anyone has an "agreement" that they use for boarders? I would love a copy.
    I have a flat that is attached to my PPR and have been advised to get people in as a boarder rather than a rental ....as then i can ask them to leave when i want??( is this correct?)

    I was lucky and the first couple that looked through are taking it.I also put the top rental i could charge on it which they are happy to pay!
    I am going to advise my insurance company that I have a couple moving in as boarders, do I need to advise the couple to take out insurance?

    Any other advise offered re this rental would be great.

    tisme@paradise.net.nz
    Still green! but learning

  2. #2
    Join Date
    Jul 2005
    Location
    Tauranga
    Posts
    690

    Default

    I think these regulations should do the job.

    Boarding House Provisions
    • Definition
    A boarding house is defined as residential premises containing one or more boarding rooms along with facilities for communal use, and occupied or intended by the landlord to be occupied by at least 6 tenants at any one time. (Halls of Residence are excluded from the amendments.)
    A boarding house tenancy is defined as one that is intended to, or does in fact last 28 days or more and in which the tenant has exclusive rights to sleeping quarters and the right to shared use of facilities.
    • Bonds
    Boarding house landlords would be able to take the equivalent of up to four weeks' rent as bond money. They would have to lodge this with the Tenancy Services Centre (TSC), which administers bond money. However, if they chose to take only one week's bond, this would not need to be lodged. This option would only apply to boarding house tenancies (in general tenancies any bond money taken must be lodged with the TSC.)
    • Outgoings
    The landlord would be responsible for rates, insurance premiums and utility charges such as electricity, gas, water and telephone. However exception would be made for situations where the tenant has exclusive occupation of a room and the utility service is supplied to that room and is separately metered.
    • Obligations of Landlords
    These obligations are similar to that of a landlord in a general tenancy.
    The landlord would be obliged to:
    a. ensure that the facilities on the premises are in a reasonable state of cleanliness and the premises are in a reasonable state of repair, and comply with all building health and safety laws as applicable;
    b. ensure that the tenant has access at all times to his or her room and toilet and bathroom and access to all other facilities at reasonable times;
    c. ensure that there are sufficient locks or similar devices to ensure the security of the premises;
    d. ensure that a copy of the house rules are displayed and that the house rules are observed and enforced in a fair and consistent manner.
    The landlord could not interfere with the supply of gas, electricity, water or telephone, unless it was to avoid danger to persons or to enable repairs or maintenance.
    The landlord would also be obliged to inform every tenant of the boarding house who would be affected if any locks are changed.
    • Obligations of Tenants
    These obligations would be similar to that of a tenant in a general tenancy.
    The tenant’s obligations would include paying rent on time, using the boarding room principally for residential purposes, keeping the room reasonably clean and tidy, paying for any damage and leaving the room clean and tidy when the tenancy ends. In addition there would be an obligation to comply with the house rules and not disturb the other tenants.
    • House Rules
    One of the main differences in the boarding house provisions is that it would allow landlords to introduce house rules to meet the needs of the communal nature of living. The House rules however cannot breach the Human Rights Act 1993 or the Privacy Act 1993. A tenant could apply to the Tribunal for an order that the rule is unlawful or for an order that the rule be applied in a particular manner.
    • Landlords Rights of Entry
    The Bill treats a boarding house tenant’s room in the same manner as the premises of a general tenancy. Therefore the proposed law restricts a landlord’s entry into the room but permits the landlord unrestricted entry to the boarding house. The landlord could not use the facilities, unless the landlord also lives in the boarding house.
    A boarding house landlord could enter the room if the tenant agrees, if there is an emergency endangering life or property, if entry is necessary to provide services, or if the Tenancy Tribunal has ordered that the landlord may enter.
    Entry into a tenant’s room by the landlord in breach of these provisions would be declared to be an unlawful act. Similarly, refusal by the tenant to allow lawful entry is declared to be an unlawful act.
    • Termination
    The manner in which boarding house tenancies can be terminated would differ from the way in which general tenancies are terminated. Landlords of boarding houses would not need to go to the Tenancy Tribunal to terminate a tenancy and the notice periods will be shorter.
    A landlord could terminate a boarding house tenancy:
    • immediately if the tenant causes serious damage or endangers people or property or causes serious disruption to other residents;
    • on 48 hours' notice if
    i. the tenant is more than 7 days in arrears of rent; or
    ii. uses the premises for an illegal purpose; or
    iii. the landlord after following certain procedures believes the tenant had abandoned the room
    • on 14 days' notice, if the landlord needs to repairs or renovations;
    • on 28 days' notice, if no reason is given.
    Notices for termination would have to be in writing.
    A tenant could give 48 hours' notice and terminate. Such notice would not have to be in writing.
    If the tenant does not leave after being given the required notice, the landlord would have to get a possession order from the Tribunal. The bailiff can then enforce the possession order.
    • Abandonment
    If a tenant was in arrears with the rent and the landlord believed that the tenant had abandoned the premises, the landlord could put a notice on the door advising the tenant that the landlord will enter the room 24 hours later to confirm whether or not the tenant had abandoned the tenancy, and must make all reasonable efforts to contact the contact person named in the tenancy agreement. After inspecting the room and confirming that the tenant has abandoned the room the landlord could terminate the tenancy by giving 48 hours' notice.
    This differs from general tenancies, where the landlord is required to apply to the Tenancy Tribunal to obtain possession of premises that are deemed abandoned.
    • Abandonment of Goods
    Once a room is deemed to have been abandoned the boarding house landlord could dispose of any perishable goods, but would be required to store other goods for 35 days and to try and contact the tenant. If the goods are not claimed in 35 days the tenant’s personal papers must be given to the police and the landlord may then dispose of goods worth less than $500. The landlord must however apply to the Tribunal for a disposal order, if there are goods worth more than $500.
    Last edited by muppet; 07-08-2005 at 06:43 PM.

  3. #3
    Join Date
    Jun 2005
    Location
    Christchurch
    Posts
    27

    Default boarder

    hi
    thanks for that

    cheers
    tisme

  4. #4
    Join Date
    Oct 2004
    Location
    Online
    Posts
    48

    Smile

    Quote Originally Posted by Aston
    I think these regulations should do the job.

    Boarding House Provisions
    • Definition
    A boarding house is defined as residential premises containing one or more boarding rooms along with facilities for communal use, and occupied or intended by the landlord to be occupied by at least 6 tenants at any one time. (Halls of Residence are excluded from the amendments.)
    A boarding house tenancy is defined as one that is intended to, or does in fact last 28 days or more and in which the tenant has exclusive rights to sleeping quarters and the right to shared use of facilities.
    • Bonds
    Boarding house landlords would be able to take the equivalent of up to four weeks' rent as bond money. They would have to lodge this with the Tenancy Services Centre (TSC), which administers bond money. However, if they chose to take only one week's bond, this would not need to be lodged. This option would only apply to boarding house tenancies (in general tenancies any bond money taken must be lodged with the TSC.)
    • Outgoings
    The landlord would be responsible for rates, insurance premiums and utility charges such as electricity, gas, water and telephone. However exception would be made for situations where the tenant has exclusive occupation of a room and the utility service is supplied to that room and is separately metered.
    • Obligations of Landlords
    These obligations are similar to that of a landlord in a general tenancy.
    The landlord would be obliged to:
    a. ensure that the facilities on the premises are in a reasonable state of cleanliness and the premises are in a reasonable state of repair, and comply with all building health and safety laws as applicable;
    b. ensure that the tenant has access at all times to his or her room and toilet and bathroom and access to all other facilities at reasonable times;
    c. ensure that there are sufficient locks or similar devices to ensure the security of the premises;
    d. ensure that a copy of the house rules are displayed and that the house rules are observed and enforced in a fair and consistent manner.
    The landlord could not interfere with the supply of gas, electricity, water or telephone, unless it was to avoid danger to persons or to enable repairs or maintenance.
    The landlord would also be obliged to inform every tenant of the boarding house who would be affected if any locks are changed.
    • Obligations of Tenants
    These obligations would be similar to that of a tenant in a general tenancy.
    The tenant’s obligations would include paying rent on time, using the boarding room principally for residential purposes, keeping the room reasonably clean and tidy, paying for any damage and leaving the room clean and tidy when the tenancy ends. In addition there would be an obligation to comply with the house rules and not disturb the other tenants.
    • House Rules
    One of the main differences in the boarding house provisions is that it would allow landlords to introduce house rules to meet the needs of the communal nature of living. The House rules however cannot breach the Human Rights Act 1993 or the Privacy Act 1993. A tenant could apply to the Tribunal for an order that the rule is unlawful or for an order that the rule be applied in a particular manner.
    • Landlords Rights of Entry
    The Bill treats a boarding house tenant’s room in the same manner as the premises of a general tenancy. Therefore the proposed law restricts a landlord’s entry into the room but permits the landlord unrestricted entry to the boarding house. The landlord could not use the facilities, unless the landlord also lives in the boarding house.
    A boarding house landlord could enter the room if the tenant agrees, if there is an emergency endangering life or property, if entry is necessary to provide services, or if the Tenancy Tribunal has ordered that the landlord may enter.
    Entry into a tenant’s room by the landlord in breach of these provisions would be declared to be an unlawful act. Similarly, refusal by the tenant to allow lawful entry is declared to be an unlawful act.
    • Termination
    The manner in which boarding house tenancies can be terminated would differ from the way in which general tenancies are terminated. Landlords of boarding houses would not need to go to the Tenancy Tribunal to terminate a tenancy and the notice periods will be shorter.
    A landlord could terminate a boarding house tenancy:
    • immediately if the tenant causes serious damage or endangers people or property or causes serious disruption to other residents;
    • on 48 hours' notice if
    i. the tenant is more than 7 days in arrears of rent; or
    ii. uses the premises for an illegal purpose; or
    iii. the landlord after following certain procedures believes the tenant had abandoned the room
    • on 14 days' notice, if the landlord needs to repairs or renovations;
    • on 28 days' notice, if no reason is given.
    Notices for termination would have to be in writing.
    A tenant could give 48 hours' notice and terminate. Such notice would not have to be in writing.
    If the tenant does not leave after being given the required notice, the landlord would have to get a possession order from the Tribunal. The bailiff can then enforce the possession order.
    • Abandonment
    If a tenant was in arrears with the rent and the landlord believed that the tenant had abandoned the premises, the landlord could put a notice on the door advising the tenant that the landlord will enter the room 24 hours later to confirm whether or not the tenant had abandoned the tenancy, and must make all reasonable efforts to contact the contact person named in the tenancy agreement. After inspecting the room and confirming that the tenant has abandoned the room the landlord could terminate the tenancy by giving 48 hours' notice.
    This differs from general tenancies, where the landlord is required to apply to the Tenancy Tribunal to obtain possession of premises that are deemed abandoned.
    • Abandonment of Goods
    Once a room is deemed to have been abandoned the boarding house landlord could dispose of any perishable goods, but would be required to store other goods for 35 days and to try and contact the tenant. If the goods are not claimed in 35 days the tenant’s personal papers must be given to the police and the landlord may then dispose of goods worth less than $500. The landlord must however apply to the Tribunal for a disposal order, if there are goods worth more than $500.
    Excellent info there Aston

    Is there a boarding agreement form that is available from the likes of Tenancy Services?
    This message is printed on 100% recycled electrons.

  5. #5
    Join Date
    Jul 2005
    Location
    Tauranga
    Posts
    690

    Default

    Hi Snow,

    No I don't think there is a form specifically for Boarders. I haven't had my Boarding House for 10 years but I'm in the process of purchasing another one. Previously I've just had verbal agreements and never had any major problems but things are more complicated these days. I'm currently in the process of getting an agreement drawn up, I can let have a copy if you want one. Should be ready in a few weeks.

    Aston.

  6. #6
    Join Date
    Oct 2004
    Location
    Online
    Posts
    48

    Default

    Thanks for that Aston, I have sent you a PM.
    This message is printed on 100% recycled electrons.

  7. #7
    Join Date
    Jun 2005
    Location
    Christchurch
    Posts
    27

    Default

    hi
    i have drafted my own and can send you a copy if you like, id be interested in seeing yours Ashton, i basically used a tenancy agreement and made changes to it

    Phyllis

  8. #8
    Join Date
    Oct 2004
    Location
    Online
    Posts
    48

    Smile

    Hi Tisme
    Thanks for your offer, I have sent you a PM
    This message is printed on 100% recycled electrons.

  9. #9
    Join Date
    Oct 2005
    Location
    palmerston north
    Posts
    216

    Default

    'and occupied or intended by the landlord to be occupied by at least 6 tenants at any one time'

    Hi, I was planning to purchuse a property to live in and rent out the extra bedrooms (3) or 4 if you include the self contained flat) could someone explain how the above boarding house regulations would come into play with this?

    Any feedback on the laws for this situation is appreciated.

  10. #10
    Join Date
    Jul 2005
    Location
    Tauranga
    Posts
    690

    Default

    Hi,

    You'll need to register your house as a boarding house, it will then be subject to annual inspection to obtain a "certificate of fitness" The council should be able to give you guidleines but the sort of thing they will be inspecting is Bedroom/Bathroom ratio... Fire egress. Fire warning systems. Smoke alarms. Amount of common space. Car parking space etc etc.

    A good starting point is the Local Council.

    Regards.

    Aston.


 

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