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  • Fact or Fiction?

    From the latest business.govt.nz e-newsletter:

    From the RTA:
    13 Form of tenancy agreement
    (2) The landlord shall, before the tenancy commences, provide the tenant with a copy of the tenancy agreement.
    I can't find the word "signed" in that section. Can anyone else?

    That's not to mention the difference between before they move in and before the tenancy commences.

  • #2
    Are you serious with your question Perry?

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    • #3
      I thought I was. Should I not be? (Only slightly tongue-in-cheek)

      There could be something deeply hidden that I'm missing, but business.govt.nz should know what's right and lawful.

      Shouldn't they?

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      • #4
        Due to a range circumstances with a premise occupied by multiple tenants circumstances do arise where all parties aren't present on the one site pre tenancy. It is these types of circumstances the act has intended to cover - and the wording of it quite deliberate.

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        • #5
          So, Sharon, in your opinion, is the FACT circled above correct? Or is it fiction?

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          • #6
            Its incorrect - like several other things on their site. Regardless I still think its best practice to have all those listed sign in advance where this is practicable and always at least 1 signature without fail backed up by the other pre tenancy documents

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            • #7
              Yeah agree Perry - it's not the same thing. However maybe the Tenancy agreement is not a 'Tenancy Agreement' unless it has been signed by both parties.

              And true too - is it before they move in or is it from when the tenancy commences?

              cheers,

              Donna
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              • #8
                All my applicants who express interest get the pre-tenancy docs. Then, I give my successful applicant a TA copy to peruse before they sign, but after they decide. It gives them time to read it and ask questions before they move in. (The could even change their mind at that stage.) Once they move in, the TA is counter-signed and the tenant given a copy.

                As you observe, errors aplenty at gummint HQ and branches.

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                • #9
                  Originally posted by donna View Post
                  However maybe the Tenancy agreement is not a 'Tenancy Agreement' unless it has been signed by both parties.
                  As the RTA says that a TA is not unenforceable on the grounds that it's not in writing, I doubt it.

                  Originally posted by donna View Post
                  And true too - is it before they move in or is it from when the tenancy commences?
                  I have had some tenancies where they have started and the tenant moved in, some days later. Usually associated with Notice at their current abode.

                  As others have observed, the complexity of the RTA and the lack of proper understanding @ DBH often means bad or unlawful advice is given out.

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                  • #10
                    Originally posted by Perry View Post
                    I can't find the word "signed" in that section. Can anyone else?
                    Just look at the section again.

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                    • #11
                      What are you suggesting / implying?

                      The debate is about the accuracy of the assertion in an official gov't communication.

                      Originally posted by RTA
                      13 Form of tenancy agreement
                      (1) Every tenancy agreement shall be in writing and signed by both the landlord and the tenant.
                      (2) The landlord shall, before the tenancy commences, provide the tenant with a copy of the tenancy agreement.
                      Section one uses the word "signed" and implies the original.
                      Section 2 uses the word "copy," but does not say that the copy must be signed.

                      My tenants get a TA to read before they agree to the tenancy and - if they agree - then sign.

                      My contention is that is the right way of doing things.

                      The tenant gets to read the agreement before signing it.

                      Therefore the dubious pronouncement from the govt e-newsletter is factually incorrect.

                      Or are there precedents which show me to be wrong?
                      Last edited by Perry; 21-01-2018, 04:01 PM.

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                      • #12
                        I simply answered your question Perry.

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                        • #13
                          Right. I should've said subsection 2.

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