Tenancy agreements must be in writing

Every tenancy agreement must be in writing, and the landlord must give the tenant a copy before the tenancy begins. However, the Residential Tenancies Act applies even if a tenancy agreement isn’t in writing. This means a landlord and a tenant can’t avoid their obligations under the law by refusing to put their agreement in writing.

Tenants should make sure they read the tenancy agreement carefully before they sign it, so they understand all the terms and conditions of the tenancy. If there’s anything they don’t understand, or are unsure of, they should seek advice before they sign the agreement.

Tenancy agreement templates

We have a residential tenancy agreement and a boarding house tenancy agreement that landlords can use. They can also choose to draw up their own (as long as they include the minimum information).
 

Minimum contents of a tenancy agreement

Every tenancy agreement must include the following minimum information:

• The full names and contact addresses of the landlord and tenant.
• The address of the property that’s being rented.
• The date the tenancy agreement is signed.
• The date the tenancy is to begin.
• Addresses for service for both the landlord and the tenant.
• Whether the tenant is under the age of 18.
• The amount of any bond.
• The rent amount and frequency of payments.
• The place or bank account number where the rent is to be paid.
• Any fees (for a letting agent or solicitor) to be paid (if applicable).
• 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 the tenancy will end.

Adding extra conditions to the tenancy agreement

Landlords can’t add just any conditions they feel like to the tenancy agreement . All extra conditions added to a tenancy agreement must comply with the law.

Adding conditions to the tenancy agreement has information about extra conditions that can be added to tenancy agreements.

Change of contact details

If your contact details in the tenancy agreement change during the tenancy, you must provide the other party with your new contact details within 10 working days.

If the bond is held with us, you must also inform us of any change to your contact details within 10 working days.

Contact details are things such as a phone number, contact address or address for service.
 

Agreements with flatmates are not part of the tenancy agreement

Agreements between tenants and their flatmates (and between homeowners and their flatmates) aren’t covered by the Residential Tenancies Act. This means flatmates aren’t part of the tenancy agreement.

However, both parties may find it useful to have a written record of what they’ve agreed to. We have a flat-sharing agreement that tenants and homeowners can use with their flatmates if they wish.