Requirements for tenancy agreements

The Residential Tenancies Act still applies to a tenancy agreement that is not in writing (i.e. a verbal agreement) (s 13C RTA). This provides some protection for tenants who do not have a written agreement.

Some landlords may try to argue that no tenancy agreement (verbal or written) ever existed, and that the person renting is not really a tenant according to the law. Proof that a tenancy actually existed might be necessary in these circumstances.

If there are no records of rent payments (eg, the tenant paid in cash), the tenant may still have some protection in the Tenancy Tribunal if they can prove that they lived at the property for an extended period. This indicates that the landlord consented to them living there under a tenancy agreement. Proof of a tenancy could include:

• an electricity, phone or gas bill in the tenant’s name with the property address on it, or 
• a letter addressed to the tenant, eg, from WINZ, Inland Revenue, or the local council.

If a written agreement doesn’t exist, tenants should be encouraged to ask the landlord for one, explaining the requirement in section 13 of the Residential Tenacies Act (s 13 RTA). A written agreement provides certainty to both parties about the terms and conditions of the tenancy. Here is a template letter to a landlord requesting a written agreement.

A tenancy agreement must set out the terms and conditions of the tenancy but the agreement can come in different forms such as:

• the approved Tenancy Services Residential Tenancy Agreement, with or without extra terms and conditions added by the landlord
• an agreement drafted using the Tenancy Services Residential Tenancy Agreement Builder
• a different template agreement (eg, one created by a property management company) 
• a unique agreement prepared for the property by the landlord or agent.

The Tenancy Services Residential Tenancy Agreement, or an agreement generated using the Residential Tenancy Agreement Builder are generally the best agreements for tenants because they only contain lawful conditions, are simple and easy to understand, and set out clearly what the landlord and tenant must do. 

Find out more about the types of conditions that may be included in a tenancy agreement

The minimum requirements of a tenancy agreement are set out in section 13A of the RTA. These include the following: 

• the full names and contact addresses of the tenant(s) and landlord and any email addresses and mobile phone numbers. The contact address can’t be a PO Box
• the address of the rental property
• the date the tenancy agreement is signed
• the start date of the tenancy
• an address for service for both the landlord and the tenant. A physical address must be provided, but it is helpful to also include an electronic address. A PO Box can be added as an additional address. 
• whether the tenant is under the age of 18 years
• the amount of any bond charged
• the amount and frequency of rent payments
• how the rent will be paid (eg, bank account number)
• a list of any chattels (like furniture, curtains and other fittings) provided by the landlord
• if the tenancy is a fixed-term tenancy, the date that the tenancy will end
• statements on insurance, insulation and healthy homes (see below).

The address for service is important because this is where official documents such as termination notices or Tenancy Tribunal communications will be sent to. Tenants and landlords may find it helpful to include an electronic address so that important information can be communicated by this channel even after the tenancy ends. An electronic address is an email address, fax number, mobile phone number for texting, or instant messaging account (e.g. Messenger or WhatsApp).

The approved Tenancy Services Residential Tenancy Agreement also includes these further terms and conditions: 

• an agreement for the tenant to pay for metered water (if there is a separate meter for each property).
• the rights of the tenant to assign (ie, transfer the tenancy) to another person.
• the maximum number of people who may occupy the house or flat at any one time.
• rules around keeping pets or animals.

Landlords are required to provide three statements alongside the tenancy agreement. 

These statements relate to:

• the landlord’s insurance cover over the property
• the property’s insulation, and 
• whether the property complies with the healthy homes standards. 

Tenancy Services have provided approved statements for landlords to fill in, at pages 7 - 9 of the Tenancy Services Residential Tenancy Agreement. These templates have been approved by Tenancy Services, so tenants should be wary of alternative statements, as they may include unlawful clauses.

More information about these statements can be found on the Tenancy Services website.