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  1. #1
    Join Date
    Jan 2004
    Location
    Whangarei
    Posts
    5,867

    Default Tenancy Agreements

    Up until now I've been using the standard tenancy services agreement but I've found that this simply isn't broad enough and so I'm looking into drafting my own or adding appendices to the standard one. What sort of agreements and additional clauses do you guys use?

  2. #2

    Default Submissions for tenancy agreement

    We currently have a draft Tenancy Agreement we will be submitting to our lawyer and after reading some of the topics on these forums, it occurred to me that some of you may like to make submissions as to the content. If you would like to, please email your submissions to [email protected] by Friday 5th, March. We will also be submitting the agreement to our privacy consultant to fully ensure this agreement will be water-tight. When the agreement has been approved, we will make it available to download (at no charge) from our website. Please donít be offended if you find your suggestion has not been included...we will look at all of them (providing we arenít TOO inundated!) however, we will leave it up to our legal eagles to determine appropriate content.
    Cheers,
    Rachel

  3. #3
    Join Date
    Aug 2003
    Posts
    7,608

    Default

    Excellent Rach! - And welcome to the Forum.

    Cheers,

    Donna

  4. #4
    Join Date
    Jun 2005
    Location
    Auckland
    Posts
    925

    Default

    Thanks Rach.

    I look forward to seeing your tenancy agreement.

    Good service.

  5. #5

    Default

    Hi Donna.
    Where abouts can we find the tenancy agreement.
    I'm starting out as a LL and am looking for something with considerable more coverage than the standard Residential tenancy agreement.
    Any other customized forms/agreements I need to know about?
    Or any pearls of wisdon?

    Ta.

  6. #6
    Join Date
    Jan 2005
    Location
    Turkey/NZ
    Posts
    1,821

    Default

    Quote Originally Posted by duck View Post
    Hi Donna.
    Where abouts can we find the tenancy agreement.
    I'm starting out as a LL and am looking for something with considerable more coverage than the standard Residential tenancy agreement.
    Any other customized forms/agreements I need to know about?
    Or any pearls of wisdon?

    Ta.
    Hi duck,

    You will find the standard TA here http://www.dbh.govt.nz/pub-new-tenancy . Have a good look through the website as it's a good place to get your basic understanding.

    When you say "considerably more coverage" do you have any specifics? Keep in mind that tenants cannot contract out of the standard TA (even if you have their signature agreeing to everything you want!). By this I mean clauses such as "must have carpets cleaned after tenancy" is a common try on (I do it of course), but is probably not enforcable through the TT.

    Have a look through the TENANT STUFF (NZ) section, as this has been discussed at length many times.

    All the best
    G

  7. #7

    Default

    Yeah, I've been through the TA at www dot dbh dot govt dot nz/pub-new-tenancy
    As cube mentioned...
    E.g. no pets, no more than 'n' people, no more than 'x' cars (all of which must be roadworthy), cleaning receipts for carpet and curtains to be provided at the end of the tenancy.
    Not repairing cars on site, no cars that don't run on site, the number of people residing in the property. I'm sure there will be lots of other things, just can't think of them at the moment.

  8. #8
    Join Date
    Jan 2004
    Location
    Turangi
    Posts
    133

    Default You can

    only enforce at tribunal what is covered in the Residential Tenancy Act such as from your wish list is the number of people residing in the premises.
    As far as enforcing they cannot repair cars on site would be darn hard, as far as cleaning carpet and curtains before they leave is as revdev said not enforceable.

    The only" pearl of wisdom" is to get to know the RTA and to be pro active with rent arrears and damage i.e 10 day notice.
    As a landlord you will have disappointing times you have to brush it off and move on a lot of your wish list would be nice to be able to enforce but I am sorry you cant.
    Its part of owning property in areas that attract that type of tenant the only thing is to buy in better areas that attract the better tenant

    Good luck.
    Get to know the RTA inside out.

  9. #9
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,737

    Default

    Laminate this and have it with the application forms.

    Prospective tenats "know" the rules straight up.

    If you wish to apply for this rental then you will need to fill out an application form.

    I will then take a photo of all who will be residing in the property who are 18 or over (including dog, if any). I will also take a photo of driver’s licences to establish identity. This is to enable me to do a VedaAdvantgae credit check.

    Bond is four weeks.

    Rent is one to two weeks depending upon your income period.

    My policy for missed rent is as follows:

    In any six-month period: If you miss a rent payment I will issue a 10-day notice to remedy. If you miss a second rent payment I will issue a 10-day notice to remedy immediately followed by an application to the Tenancy Tribunal. If you miss a third rent payment I will issue a 90-day notice to vacate. This notice to vacate will not be withdrawn. No notices will be sent if the tenant contacts the landlord before the rent is missed and an agreement is entered into before the possibility of missed rent.

    A copy of the RTA is provided with the tenancy and remains part of the chattels for this rental.

    Tenancy Services may be contacted on 0800 83 62 62


    Also, put the rent arrears policy into your tenancy agreement.
    Last edited by Keys; 23-03-2009 at 08:12 AM.

  10. #10
    Join Date
    Dec 2004
    Location
    Beautiful Waitakere Ranges
    Posts
    519

    Default

    If they do miss a payment then I pretty much follow your approach Keys, but I strictly prefer not to mention anything about missed rent to new tenants - in order not to encourage them to believe that missing rent is an option at all! It seems to work well.
    High resolution Fractal Art on quality canvas: www.FractalArt.co.nz


 

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