Landlord vs Tenant Responsibilities
Published: November 20, 2024
Understanding who is responsible for what is crucial for successful tenancies. This guide clearly outlines landlord and tenant obligations under New Zealand's Residential Tenancies Act, helping prevent disputes and maintain good relationships.
Key Takeaways
- • Landlords provide and maintain the property structure and systems
- • Tenants maintain cleanliness and report issues promptly
- • Both parties share responsibility for gardens and grounds
- • Clear communication prevents most responsibility disputes
Legal Framework
The Residential Tenancies Act 1986 clearly defines the responsibilities of both landlords and tenants. Understanding these obligations helps create successful tenancies and avoid disputes.
Core Principles
- • Landlord: Provide a property in reasonable condition and maintain it
- • Tenant: Keep the property reasonably clean and tidy
- • Both: Communicate respectfully and follow proper procedures
- • Disputes: Resolve through discussion or Tenancy Tribunal if needed
Landlord Responsibilities
Landlords have extensive obligations to provide and maintain a safe, habitable property:
Property Structure & Systems
- • Roof, walls, and structural integrity
- • Plumbing and water systems
- • Electrical systems and safety
- • Heating systems and insulation
- • Windows, doors, and locks
- • Built-in appliances and fixtures
- • Drainage and guttering
- • Ventilation systems
- • Smoke alarms and safety equipment
- • Healthy Homes compliance
- • Weatherproofing and sealing
- • Foundation and subfloor areas
Maintenance & Repairs
- • Respond to maintenance requests promptly
- • Fix structural and system failures
- • Replace worn-out appliances
- • Address safety hazards immediately
- • Maintain exterior paintwork
- • Service heating and cooling systems
- • Repair damage from fair wear and tear
- • Maintain fencing and boundaries
- • Replace broken windows and doors
- • Fix leaks and water damage
- • Maintain driveways and paths
- • Pest control for structural issues
Legal & Administrative
- • Provide proper tenancy agreements
- • Lodge bonds with Tenancy Services
- • Give proper notice for inspections
- • Maintain property insurance
- • Pay council rates and water charges
- • Provide Healthy Homes statements
- • Respect tenant's quiet enjoyment
- • Follow proper entry procedures
- • Handle complaints professionally
- • Maintain accurate records
- • Comply with privacy laws
- • Provide emergency contact details
Tenant Responsibilities
Tenants must maintain the property in good condition and follow tenancy agreement terms:
Property Care & Cleanliness
- • Keep property reasonably clean and tidy
- • Regular vacuuming and cleaning
- • Maintain bathroom and kitchen hygiene
- • Prevent mould through ventilation
- • Clean windows and mirrors
- • Keep floors and carpets clean
- • Dispose of rubbish properly
- • Clean appliances and fixtures
- • Maintain reasonable standards
- • Report cleaning issues promptly
- • Use property for intended purpose
- • Avoid damage through neglect
Maintenance & Reporting
- • Report maintenance issues promptly
- • Allow reasonable access for repairs
- • Minor maintenance (light bulbs, batteries)
- • Prevent damage through care
- • Use appliances appropriately
- • Report safety hazards immediately
- • Test smoke alarms regularly
- • Keep drains clear of blockages
- • Prevent pest infestations
- • Maintain reasonable temperature
- • Use heating systems properly
- • Report water leaks quickly
What Tenants Cannot Do
- • Make structural alterations
- • Install fixtures without permission
- • Damage property intentionally
- • Sublet without landlord consent
- • Exceed occupancy limits
- • Use property for illegal activities
- • Refuse reasonable inspections
- • Interfere with smoke alarms
- • Keep pets without permission
- • Cause excessive noise
- • Withhold rent for disputes
- • Change locks without consent
Shared Responsibilities
Some areas require cooperation between landlords and tenants:
Gardens & Grounds
Landlord:
- • Major landscaping and tree work
- • Irrigation system maintenance
- • Boundary fencing repairs
Tenant:
- • Regular lawn mowing
- • Weeding and basic garden care
- • Keeping gardens tidy
Pest Control
Landlord:
- • Structural pest issues
- • Pre-existing infestations
- • Preventive treatments
Tenant:
- • Cleanliness-related pests
- • Preventing infestations
- • Reporting issues promptly
Common Responsibility Disputes
Understanding common areas of confusion helps prevent disputes:
Blocked Drains
Tenant responsibility: If caused by misuse (hair, food scraps, inappropriate items)
Landlord responsibility: If due to tree roots, structural issues, or normal wear
Mould Issues
Tenant responsibility: If caused by poor ventilation habits or excessive moisture
Landlord responsibility: If due to structural issues, leaks, or inadequate ventilation
Carpet Cleaning
Tenant responsibility: Regular vacuuming and spot cleaning during tenancy
Exit requirement: Professional cleaning if specified in tenancy agreement
Emergency Procedures and Responsibilities
Emergency situations require immediate action and clear understanding of who is responsible for what. Both landlords and tenants have specific obligations during emergencies:
Immediate Safety Hazards
Tenant Actions:
- • Ensure personal safety first
- • Contact emergency services (111) if needed
- • Notify landlord/property manager immediately
- • Document the situation with photos
- • Follow emergency procedures if provided
- • Evacuate if property is unsafe
Landlord Actions:
- • Respond to emergency calls promptly
- • Arrange immediate repairs if safe
- • Provide alternative accommodation if needed
- • Contact insurance company
- • Ensure property is secured
- • Keep tenant informed of progress
Common Emergency Scenarios
Water Leaks and Flooding
Tenant: Turn off water supply if safe, move belongings, notify landlord. Landlord: Arrange emergency plumber, assess damage, coordinate repairs.
Electrical Failures
Tenant: Check fuse box, avoid electrical hazards, report immediately. Landlord: Arrange qualified electrician, ensure safety compliance.
Heating System Failure (Winter)
Tenant: Use alternative heating safely, report urgently. Landlord: Arrange emergency repair within 24 hours, provide temporary heating.
Seasonal Responsibilities and Maintenance
Different seasons bring specific maintenance requirements and responsibilities for both landlords and tenants:
Winter Responsibilities (June-August)
Landlord Tasks:
- • Service heating systems before winter
- • Check insulation effectiveness
- • Inspect roof and gutters for leaks
- • Ensure adequate ventilation
- • Test hot water systems
Tenant Tasks:
- • Use heating systems efficiently
- • Maintain adequate ventilation
- • Report condensation issues
- • Keep property warm to prevent damage
- • Clear exterior drains of leaves
Summer Responsibilities (Dec-Feb)
Landlord Tasks:
- • Service air conditioning systems
- • Check exterior paintwork
- • Inspect and maintain fencing
- • Tree maintenance and pruning
- • Pest control treatments
Tenant Tasks:
- • Maintain lawns and gardens
- • Water plants and gardens
- • Keep property well-ventilated
- • Report UV damage to furnishings
- • Maintain outdoor areas
Dispute Resolution and Communication
When disagreements arise about responsibilities, following proper procedures helps resolve issues fairly and maintains relationships:
Direct Communication
Start with respectful, direct communication:
- • Clearly explain the issue and your understanding
- • Reference relevant tenancy agreement clauses
- • Provide evidence (photos, receipts, documentation)
- • Suggest reasonable solutions
- • Keep records of all communications
Mediation Services
If direct communication fails, consider mediation:
- • Free mediation services available through Tenancy Services
- • Neutral third party helps facilitate discussion
- • Voluntary process that can save time and money
- • Helps preserve ongoing relationships
- • Can result in binding agreements
Tenancy Tribunal
As a last resort, formal tribunal proceedings:
- • Legally binding decisions by qualified adjudicators
- • Requires comprehensive evidence and documentation
- • May result in orders for compensation or action
- • Can damage ongoing relationships
- • Should be used only when other options fail
Legal Updates and Changes
Tenancy law evolves regularly, and both landlords and tenants must stay informed about changes that affect their responsibilities:
Recent Legislative Changes
- • Healthy Homes Standards (2019-2024): Mandatory compliance for all rental properties
- • Rent Increase Limitations (2021): Maximum one increase per 12-month period
- • Fixed-term Tenancy Changes (2021): Restrictions on ending fixed-term tenancies
- • Pet Bond Abolition (2021): Landlords cannot charge additional bonds for pets
- • Rental Bidding Ban (2022): Prohibited rental auction processes
Staying Informed
For Landlords:
- • Subscribe to Tenancy Services updates
- • Join landlord associations and forums
- • Consult with property management professionals
- • Attend industry seminars and workshops
- • Review tenancy agreements regularly
For Tenants:
- • Access free tenancy advice services
- • Read Tenancy Services publications
- • Understand your rights and obligations
- • Seek help from community law centers
- • Keep informed about law changes
Best Practices for Clear Responsibilities
Document Everything: Include specific responsibilities in the tenancy agreement and property condition report
Regular Communication: Maintain open dialogue about property care and address issues promptly
Property Inspections: Conduct regular inspections to identify issues early and clarify responsibilities
Professional Guidance: Consult property managers or tenancy advisors when responsibilities are unclear
Emergency Procedures: Establish clear protocols for emergency situations and ensure all parties understand them
Stay Updated: Keep informed about changes in tenancy law and adjust practices accordingly
Clear Responsibilities, Better Tenancies
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