TPA Home
About Us
Flatting Info
FAQ
The Law
Rights and Obligations
Disputes
Terminating a Tenancy
Golden Rules for Tenants and Landlords
Health and Safety
TPA News
Links

Frequently Asked Questions

How much notice do I have to give the landlord when I want to leave?
A tenant must give 21 days notice to leave in writing.
How can I get out of a fixed term lease?
It's not easy! First tell the landlord. He/she may be agreeable to helping you to find another tenant to take over your lease. If not, you can apply to the Tenancy Tribunal for termination of your lease if there is an unforeseen change in your circumstances and you would suffer more hardship staying in the tenancy than the landlord would suffer if you leave. Examples include losing your job or a marriage breakup.
How can I get my landlord to make repairs?
Inform the landlord of the problem. If he/she hasn't done anything to fix the problem after a reasonable amount of time send the landlord a Ten Day Notice to Remedy. If the problem is urgent and likely to cause injury to people or property and the landlord isn't available or willing to fix it then you may get the repair done yourself and seek reimbursement from the landlord. Examples of urgent repairs are:
  • damage affecting the security of the property;
  • electric wiring damage creating a fire risk;
  • flooding damage from a hot water cylinder or not having any hot water;
  • damage to cooking facilities so food cannot be cooked;
  • damage to toilet;
  • damage to roof which allows rain into the premises.
Can the landlord kick me out?
No! A landlord can apply to the Tenancy Tribunal for a termination of the tenancy if:
  • the tenant is 21 days behind in paying the rent;
  • fails to take steps to remedy a 10 day notice if the matter is a serious breach of the Residential Tenancies Act;
  • the tenant has caused substantial damage;
  • the tenant has assaulted or threatened to assault the landlord, his/her family, agent, or neighbours of the tenant.
How much rent in advance can the landlord ask for?
No more than two weeks rent in advance.
Does the landlord have to give notice to come round?
A landlord doesn't need to give notice to knock on the door, but if he/she wants to come into the house or garage he/she must give notice:
  • 48 hours notice for inspection of the property between 8am and 7pm, not more than once every four weeks;
  • 24 hours notice for repairs or maintenance;
  • with tenants' consent to show the property to prospective tenants or real estate agents or buyers.
How much notice does the landlord have to give to end a tenancy?
90 days written notice or 42 days written notice if:
  • the property is sold with vacant possession;
  • the property is needed for occupation by the landlord or his/her family;
  • the property is needed for an employee of the landlord and this has been agreed to at the beginning of the tenancy.
Can a real estate agent show prospective buyers through the property any time they want?
No. Access is by arrangement with the tenant, but the tenant cannot unreasonably withold consent. "Open Homes" are by the consent of the tenant only.
How do I get my bond back?
Fill out a Bond Refund form which should have been sent to you by the Bond Centre with acknowledgement of the bond payment (this should be paid to the Bond Centre within 23 working days of receiving it). The form must be signed by both the tenant and the landlord and sent back to the Bond Centre. If rent is still owing or there is damage to the property, this comes out of the bond. If the tenant and the landlord cannot agree on the amount to be taken out of the bond then apply to the Tenancy Tribunal to sort it out.