Tenancy Clauses to add to tenancy agreement

[Keys]

I suspect you're correct. But it would put me off using you as a letting agent too.

I can assure you, having a comprehensive in going inspection report as well as a very strong tenancy agreement is in your best interests. Both as a tenant and a landlord.

[Shalodge]

I haven't rented since I was single but I cant believe some of the conditons in this agreement. E.g No alcohol to be consumed outside? Seriously. You cant have a beer while cooking on the Barbie. That almost a constitutional right in NZ! I am really glad I do not have to rent these days. I guess landlords impose these sort of conditions because they can get away with it but that still doesn't make it right!

[Perry]

I concur with Keys. I suspect that it's the "hand shake"
tenancies which give the most grief for both parties.

The dilemma is balancing too much taken for granted
and having so many T&C that tenants sign without
bothering to read it all.

[Perry]

No alcohol to be consumed outside? Seriously. You cant have a beer
while cooking on the Barbie. That almost a constitutional right in NZ!

Russell - there's "an out" in clause 17.

And I wonder what this one really means?

40) No outside taps, hydrants and other such things are not to be used (eg. Hose )-----to wash vehicles.

[Shalodge]

News just in ...

The Minister of Transport has just introduced a new Bill banning the driving of Ford Falcons on any public road. The Minister quotes recent Police statistics which show that drivers of Ford Falcons are three time more likely commit traffic offences than the drivers of other vehicles.

This sort of attitude prevails right through our society now. E.g. I will ban the drinking of alcohol outdoors at my rental because a very small number of tenants have been know to get drunk and break things. Our freedoms are being steadily eroded without a murmur.

[MikeC]

I haven't rented since I was single but I cant believe some of the conditons in this agreement. E.g No alcohol to be consumed outside? Seriously. You cant have a beer while cooking on the Barbie. That almost a constitutional right in NZ! I am really glad I do not have to rent these days. I guess landlords impose these sort of conditions because they can get away with it but that still doesn't make it right!

Of course you cant have a beer while cooking on the barbie - the barbie was already banned by the clauses not allowing open flames and not allowing tenant chattels to be stored ourside - so you were evicted before your first barbie, and youre at work doing overtime to pay for not leaving thecplace up to the landlords standard of cleanliness; and for not having the keys teturned by lunchtime.

[Shalodge]

The problem I have is we know whose house it is .. but whose home is it?

[Perry]

Reality Check Needed

Banning an outside barbecue, etc., is likely to fall foul of the RTA, anyway.

38 Quiet Enjoyment (Abridged)

(1) The tenant shall be entitled to have quiet enjoyment of the premises
without interruption by the landlord or any person claiming by, through,
or under the landlord or having superior title to that of the landlord.
(4) In this section premises includes facilities.

11 Act Generally To Apply Despite Contrary Provisions (Abridged)

(1) Any agreement or arrangement, or any provision of any agreement or
arrangement, entered into in respect of a tenancy to which this Act
applies, that is inconsistent with any of the provisions of this Act,
or that purports to exclude, modify, or restrict the operation of any
such provision, shall be of no effect . . .
(3) Any purported waiver by a tenant of any right or power conferred
upon tenants by this Act shall be of no effect.

I suspect that quietly enjoying a family barbecue in the back yard, with
a beer in hand would be classed as "quiet enjoyment" pursuant to the RTA
and any TA clause seeking to curtail that would trigger section 11, to
the detriment of the LL or PM.

[Keys]

Is this property subject to a bodycorp? IF so, the bodycorp rules need to be included.

Bodycorp rules may cover a few of the clauses here Perry. Interesting that bodycorp rules are required to be incorporated into TA's and yet may breach the law. I wonder how the TT would rule on that issue.

[Bob Kane]

This sort of attitude prevails right through our society now. E.g. I will ban the drinking of alcohol outdoors at my rental because a very small number of tenants have been know to get drunk and break things. Our freedoms are being steadily eroded without a murmur.

A real life example of this was when a young child had an accident while riding a bike. Unfortunately, the child died. The mother then did a NZ wide media campaign whipping up emotions and managed to change the law to make helmets mandatory for cyclists.
Most countries don't have laws about cyclists wearing helmets.
Though I notice Sydney seems to be heading that way recently - probably a bunch of freedom stealers there have just got into power?

[TomW]

Russell - there's "an out" in clause 17.

And I wonder what this one really means?

Have found tenants use fire hoses (each block of flats has one) to clean cars etc. The hoses are not for this purpose and also the landlord has to pay for the water charges for the fire hoses.

[TomW]

Because the TT has ruled that the landlord may not unreasonably with hold permission. Simple really.

Are you saying that if you don't give them the option of asking for "the landlords written permission" then you will always be able to enforce that clause?

[Keys]

Who knows what rules are made by the TT. However, it makes your stance considerably stronger.

Numerous times the RTA discussess terms like permission may not be unreasonably with held.

If you take the stance that permission will not be given under any circumstances you are better off.

EG, no dogs means no dogs.

[TomW]

Who knows what rules are made by the TT. However, it makes your stance considerably stronger.

Numerous times the RTA discussess terms like permission may not be unreasonably with held.

If you take the stance that permission will not be given under any circumstances you are better off.

EG, no dogs means no dogs.

Thanks very much

[Wayne]

Have found tenants use fire hoses (each block of flats has one) to clean cars etc. The hoses are not for this purpose and also the landlord has to pay for the water charges for the fire hoses.

Actually it is probably a good use for them - at least you know they work!