When it comes to renting a property in New Zealand, one of the most important documents you should have is a tenancy agreement. A tenancy agreement is a legally binding contract that lays out the terms and conditions of the tenancy between a landlord and a tenant. This document is essential as it provides both parties with protection and clarity regarding their rights and obligations. However, what happens if you don`t have a tenancy agreement in New Zealand? In this article, we will discuss the potential consequences of not having a tenancy agreement.
Firstly, without a tenancy agreement, it can be challenging to establish a clear understanding between the landlord and tenant. This lack of clarity can lead to disputes and disagreements, which can become costly and time-consuming, both financially and emotionally. A tenancy agreement outlines the expectations of both parties, such as rent, notice periods, and maintenance obligations. Without this agreement, misunderstandings can occur, leading to frustration and stress.
Secondly, not having a tenancy agreement can limit the legal protection that both the landlord and tenant have. Under the Residential Tenancies Act 1986, landlords and tenants have specific rights and obligations, such as giving notice before ending the tenancy or making repairs. However, without a tenancy agreement, it can be challenging to enforce these rights and obligations as there is no clear record of what was agreed to when the tenancy began.
Thirdly, not having a tenancy agreement means that the tenancy is considered a periodic tenancy. This means that the tenancy continues until either the landlord or tenant gives notice to end it. However, the notice period for a periodic tenancy is longer than a fixed-term tenancy under the Residential Tenancies Act. The notice period for a periodic tenancy is 90 days, while for a fixed-term tenancy, it can be as short as 42 days. This longer notice period can be inconvenient for both parties, and it can also affect the landlord`s ability to rent out the property if they want to.
Lastly, not having a tenancy agreement can affect the tenant`s ability to access essential services. For example, if the tenant wants to apply for a loan or a visa, they may need to provide proof of their address. Without a tenancy agreement, it can be challenging to provide this evidence, leading to delays and potential rejections of their applications.
In conclusion, having a tenancy agreement in New Zealand is crucial for both landlords and tenants. Without this agreement, misunderstandings, disputes, and legal issues can arise, leading to stress, frustration, and financial losses. Ensure that you have a clear and comprehensive tenancy agreement before entering into any tenancy to protect your rights and obligations.