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Section 92 Residential Tenancy Agreement

Section 92 of the Residential Tenancies Act 1986 (RTA) outlines the mandatory requirements for a residential tenancy agreement in New Zealand. It is important for landlords and tenants to understand their rights and obligations before entering into a tenancy agreement. In this article, we will explore what Section 92 entails and what landlords and tenants should be aware of.

What is a Residential Tenancy Agreement?

A residential tenancy agreement is a legal document that outlines the terms and conditions of a rental agreement between a landlord and a tenant. It is a binding contract that sets out the obligations of both parties for the duration of the tenancy.

Section 92 Requirements

Section 92 of the RTA mandates that a residential tenancy agreement must contain the following information:

1. Names and addresses of the landlord and tenant

2. Description of the rental property, including the address and any chattels included in the tenancy

3. Term of the tenancy, including start and end dates

4. Rent payable, including the frequency of payments and any rent increases during the tenancy

5. Bond payable, including the amount and how it will be held

6. Any additional terms agreed upon by the landlord and tenant that are not in breach of the RTA.

Landlords and tenants should ensure that all of these requirements are met before signing a tenancy agreement. Failure to include these details may result in the agreement being found to be unenforceable by a Tenancy Tribunal.

Additional Terms

In addition to the mandatory requirements set out in Section 92, landlords and tenants may also include additional terms in the tenancy agreement. These terms must not be in breach of the RTA and must be agreed upon by both parties. Some common additional terms that may be included in a tenancy agreement include:

1. Maintenance responsibilities for the landlord and tenant

2. Restrictions on subletting or assigning the tenancy

3. Approval processes for making alterations to the rental property

4. Rules around pets and smoking on the premises.

It is important for both parties to fully understand all of the terms and conditions of the tenancy agreement before signing it. If either party is unsure about any aspect of the agreement, they can seek advice from a lawyer or the Tenancy Tribunal.

Conclusion

Section 92 of the RTA outlines the mandatory requirements for a residential tenancy agreement in New Zealand. Landlords and tenants must ensure that all of these requirements are met before signing a tenancy agreement. Additional terms may also be included in the agreement, as long as they do not breach the RTA and are agreed upon by both parties. Understanding the terms and conditions of the tenancy agreement is crucial for a successful and harmonious tenancy.