In this case, the rules of the law prevail over the agreement – unless the difference is in your favor as a tenant. You may also have signed an agreement stating that the property has been granted under a license to use. This is not enough to make the agreement a license. But the court also found that the owner had been inexperienced, unaware that what she had done was illegal and that she had been « open and open » to the court hearing. For this reason, it is possible that the court would not have awarded exemplary damages even if the tenant had demanded it, as exemplary damages are usually intended to punish landlords for particularly bad and intentional behavior. It is illegal for a landlord to treat you differently as a potential tenant or tenant, for example because of your race, gender (even if you are transgender) or religious beliefs (e.g. being Muslim) or because you are gay, lesbian or bisexual, or because you have a disability or because you have an advantage – or for any of the other illegal reasons, which are listed in the Human Rights Act 1993. have a secure short-term rental, student dorm rental, or occupancy permit – check what type of rental you have if you`re not sure A « service address » is an address where landlords or tenants receive notifications and other documents about the rental. The tenancy tribunal found that the tenant only sought compensation and did not ask the court to order the landlord to pay additional « exemplary damages, » which is possible in cases of landlord discrimination.

Maybe it`s because the tenant didn`t know he could have asked for it. The court stated that because the tenant did not claim exemplary damages, it only treated it as a claim for compensation. In this case, the tenant claimed compensation for this discrimination. The court ordered the landlord to pay him $550 in compensation (as well as additional compensation for other reasons) and said the landlord`s termination to end the tenancy was legally invalid – meaning the tenant was allowed to stay in the apartment. Landlords cannot simply add arbitrary terms to the lease. Any additional conditions must comply with the law. Perhaps the most important and certainly the most controversial of the changes concerns the terms of the lease, which are intended to ensure greater certainty of the term of office. What an agreement says and what the rental actually is can be different. For example, your landlord may claim that the contract is not a lease, but a « licence of occupation. » Before or at the beginning of your rental, your landlord must also give you: According to the law, landlords must also make sure that they have attached the correct insulation declaration and the declaration of compliance with the standards for healthy homes. Make sure you know all your rights and obligations by visiting tenancy.govt.nz.

Here you can also subscribe to our e-newsletter Rental Questions. If you are disabled, your landlord may need to change the lease if a condition of the contract means that your situation is worse than that of a person without a disability. The lease must be signed by all tenants and your landlord. If there are roommates, each tenant should receive a copy of the agreement. All leases should include basic information, including: If you damage something on the property, you may have to pay to fix it. But you don`t want to pay for damages that already existed when you moved in to avoid litigation later, it`s helpful to create an initial property inspection report. This is when you and the owner walk around the property together and take notes about existing damage and furniture or appliances provided by the owner. It is a good idea to attach a signed and dated copy of this report to the lease and take pictures. If you are considering a verbal agreement with your tenant or landlord, or if you are trying to implement a verbal agreement, you can get help at your next citizen consultation. If the owner is not in the agreement, the property manager assumes all the responsibilities of the owner.

You could be held responsible: Legally no, not without creating a new lease. However, the terms can be revised by mutual agreement (in other words, if your tenants are satisfied with it) The agreement can also include details about your landlord`s obligations to repair the property. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. Despite Covid, lease law reforms were hastily passed by Parliament last year and put into effect in August. While the first of the reforms, limiting rent increases to once a year, came into effect almost immediately, most of the reforms came into effect on February 11. One way to solve this problem is to have a guarantor. A guarantor signs the lease with you and agrees to be responsible for any rent, damage costs and other rental obligations that you cannot or will not do. A guarantor is usually a parent or guardian, but can be anyone who is 18 years of age or older. If your rental is 20 years or later.

Started or extended in March 2019, your landlord may also have the legal responsibility to ensure your home is conducive to life. This is called « fit for human habitation. » Rental Services offers a standard lease that also includes a property inspection form (see « Other Resources » at the end of this chapter). Most landlords use this form, but if your landlord doesn`t, you should get a copy of the Rental Services Property Inspection Form and ask the landlord to fill it out as part of the lease with you. If a landlord wants to enforce the lease against the minor, they must apply to the tenancy court. As part of its decision, the court will consider whether the lease was fair and reasonable at the time the contract was entered into. Your lease can only include a fee for certain things if you: Note: If your landlord is out of the country for more than three weeks, they will need to provide a representative (an « agent ») for you – for example, if you need to have repairs done. The lease is a contract between you and your landlord. It can be written or oral. The lease gives you and your landlord certain rights. For example, your right to occupy the dwelling and your landlord`s right to receive rent for renting the dwelling.

The rental you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who doesn`t live with you and you`ve agreed to a 6-month rental, you probably have a secure short-term rental (or a short-term rental in Scotland). This will be the case even if your agreement says otherwise. Check the type of rental you have. But a fixed-term rental automatically becomes a perpetual (periodic) tenancy when the end date is reached, unless you or the landlord notify the other that you do not want the tenancy to continue, or unless you both agree otherwise, such as another fixed-term tenancy. The rights established by law always prevail over those set out in a written or oral agreement. An agreement that suggests that you or your landlord have fewer rights than those granted by the common law or the law is a fictitious lease. .