Landlord Information

• Give the tenant receipts for rent if the tenant pays in cash.
  
• If asked, give the tenant a statement saying what period the rent paid relates to.
   
• Give the tenant 60 days written notice of a rent increase.
  
• Give the tenant 48 hours notice of an inspection.
   
• Give the tenant 24 hours notice of entry to make repairs.
  
• Inform the tenant of any intention to sell the property.
   
• Make sure the locks and fastenings are working and are adequate.
  
• Make any necessary repairs within a reasonable time period.
   
• Reimburse the tenant for any urgent repair work that the tenant had to have done (as long as the tenant attempted to notify the landlord before having the work done).
  
• Make sure the property is clean and in a fit and habitable condition at the beginning of and during the tenancy.
   
• Pay all outgoings; rates, insurance, land tax etc.
  
• Take reasonable steps to ensure that tenants aren't disturbed by the landlords other tenants.
   

A landlord must not:

• Ask for more than two weeks rent in advance at the end of the tenancy.
  
• At any stage during the tenancy, ask for more rent in advance to be paid.
  
• Inspect the property more than once in four weeks, except as allowed for to check on work done by the tenant.
  
• Harass the tenant.
  
• Interfere with, or allow others to interfere with a tenant's reasonable peace, privacy and comfort.
  
• Interfere with the gas, water, electricity supply or telephone.
   
• Unreasonably withhold permission (particularly if in breach of the Human Rights Act) for a tenant to sublet or assign the tenancy to someone else if not prohibited by the Tenancy Agreement.
  
• Unreasonably withhold permission for a tenant to attach any fixtures.
  
• Change the locks without the tenant's consent.
  
• Enter the property except as permitted by law or with the tenant's consent.
   

Bonds
A tenancy bond is a payment of up to four weeks rent made to the landlord by tenants when they move into a property. The bond is held to cover any loses the landlord incurs if the tenant breaches any of the conditions in the Tenancy Agreement or general obligations of a tenant (see below).

The landlord will collect the bond from the tenant, but must lodge it with Tenancy Services within 23 working days, with a signed Bond Lodgement form (by both the landlord and tenant).
The bond is held by Tenancy Services until a Bond Refund form is filed (signed by both the landlord and tenant) by either the tenant or landlord.

If there is any damage to the property, at the conclusion of the agreement, and the landlord and tenant agrees as to the value of this then the bond is divided between the parties accordingly. However, if the parties are unable to agree on the value, then one of the parties can apply to the Tenancy Tribunal for mediation.

Mediation
Mediation is usually the second step of dispute resolution - the first being talking to your landlord. If the first step is unsuccessful then either the landlord or tenant can apply to the tenancy tribunal for mediation.

Mediation is where an impartial person helps the two parties come to a solution for their problem by allowing each person to explain how they see the problem, help them discuss the possible ways to solve the problem and encourage them to choose the best solution for both of them.
A mediator is not able to make a decision for the parties, they can only help and encourage the parties to come to their own agreement.

The decision is put into a Mediated order which is binding on both parties.
Occasionally, the parties in mediation can not agree upon a decision. If this is the case, then the dispute will go to a Tenancy Tribunal hearing.

Tenancy Tribunal
The tenancy tribunal is a special court set up to deal with unresolved problems between landlords and tenants which they have been unable to settle themselves.

A Tenancy Tribunal case normally only comes after mediation between the parties has been attempted and the parties have been unsuccessful at coming to a conclusion.

A tenancy adjudicator oversees the case and makes the decision, which is legally binding on both parties.

Repairs and Maintenance
If tenants discover damage or maintenance that needs to be undertaken then they should inform the landlord. If the damage is serious or is likely to cause harm to someone and the tenants have been unable to contact the landlord, after making every effort to do so, then the tenants may have the repairs done and ask the landlord to reimburse them for any expenses. However, if the repairs are not of an urgent nature then the tenants must inform the landlord and ask them to fix it.

If the tenants have asked a landlord to make certain non-urgent repairs and the landlord has not done so in a reasonable amount of time, then the tenants have other actions they can take, such as serving the landlord with a Ten Working Day letter asking for the work to be done. In situations such as this, it is recommended that the tenant contact Tenancy Services to ensure they follow the correct procedures.

On some occasions, the landlord may discover damage that has been caused by the tenant. In these cases, the landlord should issue the tenant with a Ten Working Day notice, which will give the tenant two weeks to fix the problem. If these obligations are fulfilled it is advantageous to both parties, with the tenant having a safe, comfortable place to live and the landlord having an investment that will continue to give good returns.

Insurance
The most important factor to remember when selecting insurance is to inform your insurance company that the property is a rental property.

The landlord must have insurance for the property, that is the physical buildings, section etc, against fire, storm, flood, damage from burglary etc, if they want it protected against loss. For these types of policies it is imperative that you advise the insurance company that the property is tenanted to ensure coverage.

The tenant must ensure they have personal contents insurance for their belongings to ensure they are protected against loss.