Things you should know as a tenant
When you find a rental property
We advertise the properties we have available for rent on:
- TradeMe, and
- on our own website: nightingaleproperties.co.nz
These are where you should start your search.
When you have found and seen a suitable rental property, you can apply to rent the property by:
- Filling in an online application form. You will be asked to provide ID (passport, driver's licence, other), employment and income details, referees names and contact numbers, previous rental property/landlord details (if applicable), and allow us permission to run a credit check on you.
- We will process the application and carry out reference and credit checks before we make the final selection.
If your application is accepted:
- you will be asked to sign a Tenancy Agreement, and
- you will be required to pay in advance two first weeks rent and a bond*.
Before signing the tenancy agreement, you should read it carefully and ask for explanation of anything you do not understand.
Once you have signed the tenancy agreement, you should set up an automatic payment for your rent payments through your bank.
*Notes:
- Rent may be paid 1 or 2 weeks, or 1 month in advance, whichever you prefer.
- Bond is 4 week's rent.
Important points to be aware of
When there are several names on a tenancy agreement:
- each person who has signed the agreement is equally and severally liable for the tenancy and for the actions of all others in the property.
- if only one person signs the tenancy agreement, that person is fully responsible for ensuring that the rent is paid and all conditions of the tenancy agreement are adhered to.
Types of tenancy agreement
A tenancy agreement is a legal contract providing protection for both you and the landlord. There are two types of tenancy agreement:
- periodic
- fixed-term.
Periodic tenancy
A periodic tenancy has no end date. Both parties may give notice to terminate the tenancy during a periodic tenancy.
- A tenant must give 21 days notice in writing.
- A landlord may end a tenancy by giving 42 days notice in writing if:
- if the owner requires the property to live in for him/herself, a family member or an employee
- the property has been sold and vacant possession is required.
Other reasons a landlord may give notice to terminate a tenancy include:
-
- unpaid rent
- anti-social or unacceptable behaviour
- family violence
- physical assault by the tenant.
A landlord may give notice to terminate a tenancy without giving a reason but must give 90 days notice in writing.
Fixed-term tenancy
A fixed-term tenancy is for a specified length of time, typically 6 or 12 months, although this can be negotiated. During the period of the fixed-term tenancy, neither party may give notice to vacate.
At the end of your fixed-term tenancy, the lease automatically reverts to a periodic tenancy unless you request another fixed-term period.
If you wish to give notice to vacate at the end of the fixed-term period, you must do so in writing at least 21 days before the end of the fixed-term lease.
When you move in
Rent Payments
Your rent must be paid at least 1 week in advance at all times (it can be likened to putting money in a parking meter – you buy a set amount of time which runs down and when it runs out, you must pay more money).
If you have missed a rent payment or are not able to make a payment on time, please contact us. We will help if we can but we cannot help if we don't hear from you. If we do not receive your rent payment and you have not contacted us, you may be issued with a termination notice.
Property Condition Report
We do an entry inspection of the property soon after you move into a rental property. A Property Condition Report is prepared and a copy given to you. Read this carefully as it describes the condition of the property at the start of your tenancy. You can make any comments where you think it is not accurate and return the report to us. We keep the report as a record until you vacate the property to enable us to determine whether any damage (beyond reasonable wear and tear) has occurred.
Please read and return a signed copy of the report to us within 7 days of receiving it.
Bond money
There are two types of bonds:
- general bond
- pet bond.
General bond
A general bond, equivalent to 4 weeks rent, must be paid before you move into a rental property. We lodge the bond with Tenancy Services using Bond Hub. Tenancy Services holds the bond as security against any unpaid rent or damage to the property. The bond will be refunded to you at the end of your tenancy as long as the rent is paid up to date and no money is owed for cleaning or repairs to the property.
If you want to know about your bond or have any queries, you can register with Bond Hub by clicking here.
Pet bond
We charge a pet bond if you have a pet you wish to have in the rental property. The pet bond is a separate bond, also held by Tenancy Services, to cover any pet-related damage that may occur. If there is no damage, the pet bond will be refunded at the end of the tenancy or when you no longer have a pet.
When tenants change during a tenancy
If one or more tenants leaves but the tenancy continues, Tenancy Services must be notified. This is necessary to ensure your bond is refunded at the end of the tenancy. (If Tenancy Services records are not correct, they may not refund the bond).
You must also notify us. We will notify Tenancy Services on your behalf but you may notify them if you wish. We will also ask all tenants, that is, those who are remaining, those who are leaving and new tenants, to sign an Amendment to the Tenancy Agreement form. This is for our own records.
If the departing tenant(s) has paid a bond, refund arrangements and bond payment by a new tenant are made between tenants.
During your tenancy
Property inspections
We carry out property inspections every 3 months. You are notified of inspections by email approximately 1 week beforehand.
Please note that you do not need to be at home during the inspections.
Keys
We have duplicate keys stored in a secure location. If you lose your key, we will come and unlock the property but you will be charged a callout fee of $60.00 plus GST.
If you wish to change the locks on the property, you must contact us first and supply us with a duplicate set of the new keys.
Sub-letting and assignment
Nightingale Properties tenancies may not be sub-let or assigned.
Smoking
Smoking is not permitted in any of the properties we manage.
Pets
If you want to have a pet, you must ask us first.If we approve, you must py a pet bond of up to 2 weeks rent, and there may be certain rules, for example:
- type of property
- type of pet.
For more information about having pets in rental properties, refer to the Tenancy Services website: Pet consent conditions.
Tenant insurance
We strongly recommend that you have comprehensive contents insurance to cover your possessions against fire, theft, etc as the owner's property insurance does not cover your possessions.
We also recommend that your insurance includes third party cover for any inadvertent damage that your actions may cause to the property.
If you would like more information on your liability or advice on insurance, please contact us.
Rent arrears and reviews
Rent arrears
You must pay rent weekly or fortnightly into the Nightingale Properties Trust Account by automatic payment. We monitor payments every day which means we are immediately aware of a missed payment.
If you miss a rent payment and we have not previously heard from you, we will contact you via text or email.
If no effort has been made to contact us or make up the missed rent within 4 working days, we will issue you with a 14-day breach notice. This notice can be used at tenancy mediation to have you evicted from the property once your arrears exceeds 21 days.
Rent review
Rents may only be increased once in every 12 month period. If the rent is to be increased, you will be given 60 days notice in writing before the increase occurs.
If you are on a fixed-term lease, your rent may not be increased during the fixed-term period unless the provisions of the tenancy agreement permit it.
Tenant's rights and responsibilities
Under New Zealand law, tenants have certain rights and responsibilities when they enter into a tenancy agreement.
As a tenant, you must:
- pay all charges for utilities (electricity, gas), telephone and metered water (if provided for in the tenancy agreement).
- keep the property, including grounds, reasonably clean and tidy.
- advise the landlord as soon as possible when any damage occurs or repairs are needed.
- repair or pay to have repaired, any damage caused intentionally or carelessly by you or your guests.
- make sure that the *maximum number of people permitted to live in the property, as described in the tenancy agreement, is adhered to.
- use a residential property for residential purposes only.
- allow the landlord reasonable access if he or she wishes to show prospective tenants, buyers or valuers through the property.
- remove all rubbish and leave the property reasonably clean and tidy, and return all keys, pass cards or other such devices at the end of the tenancy.
- remove all personal possessions and leave the owner’s chattels when you vacate the property.
*Note: Short term stays by relatives or friends is permitted.
As a tenant, you may not:
- unreasonably refuse the landlord entry when they are entitled to access.
- intentionally or carelessly damage the property. You are responsible for any damage to the property caused by anyone at the property with your permission. (You are not responsible for damage caused by a trespasser as long as you have taken all reasonable steps to prevent it.)
- use or permit the property to be used for any unlawful purpose.
- change the locks without the property manager’s permission.
- interfere with the peace, comfort or privacy of other tenants or neighbours, or permit anyone else at the property to do so.
- sublet or assign (transfer) the tenancy to someone else without the landlord’s permission.
As a tenant, you may:
- request the installation of broadband fibre
- make minor changes to the property as long as it presents only low risk of damage to the property. Any changes made must be restored to the original at the end of the tenancy.
* Information sourced from the Tenancy Services website.
Maintenance and repairs
Please contact us here or call us on 04 384 4920 as soon as you notice that something needs to be repaired.
You may be able to easily fix some minor maintenance issues. Before logging a maintenance request, please read the maintenance tips to avoid unnecessary callouts.
Terminating a lease
Notice to vacate must be made in writing
You must give at least 21 days notice in writing if you wish to to terminate your tenancy. It is effective from the time we receive it. You may give notice by:
- sending us an email
- writing us a letter.
Terminating a periodic lease
If you have a periodic lease, you must give us at least 21 days notice in writing.
Terminating a fixed-term lease
If you wish to vacate the property at the end of your fixed-term lease, you must give written notice to Nightingale Properties at least 21 days before the expiry date of your fixed-term agreement.
Generally, you cannot terminate a fixed-term tenancy before the end date of the tenancy. However, if any unforeseen circumstances arise and you need to vacate the property before the end of your fixed-term lease, please contact us immediately. We will try to find another tenant to take over your tenancy. If we do find another tenant, you must pay the rent up until the new tenant moves in and takes over the rental payments. In addition, we will charge you a break fee of one week's rent plus the advertising costs.
Alternatively, you may find a replacement tenant but any prospective new tenant must be approved by us. They should make an online application on our website at 'Apply now'. We will do referee checks and a credit check. We reserve the right to refuse any prospective replacement tenant that you may find.
You remain responsible for rent payments until a new tenant acceptable to us takes over the rent payments.
Bond refund form
When we receive notice in writing that you wish to end your tenancy, we will send you:
- an acknowledgement of your intent to end the tenancy
- a checklist of things you should do.
When you leave for the last time, leave keys somewhere obvious (such as kitchen bench).
Moving out
Preparing to move
In preparation for moving out you should arrange for:
- your mail to be cancelled or re-directed to your new address
- phone, power, gas, etc to be disconnected or transferred to your new address.
- a carpet cleaner* if the carpet is dirty or has stains
Checklist
In order to get your bond refunded, the property must be left in a clean and tidy condition. Please refer to our checklist when vacating a property to ensure you have undertaken all necessary cleaning and other tasks.
If the carpet is dirty or stained beyond a reasonable usage expectation during your tenancy, you can arrange for it to be professionally cleaned. Otherwise we will do this and deduct the cost from your bond. If you get it cleaned, make sure you receive a receipt as evidence that the carpet has been professionally cleaned.
Final inspection
We will do a final inspection after you have moved out of the property.
When you leave for the final time, please leave all keys and the bond refund form in an obvious place such as the kitchen bench, for us to pick up.
Termination of a tenancy by the owner
A landlord may give you notice to vacate.
If the notice to vacate is given with no reason, the notice period the landlord must give is 90 days.
If they wish to move into the property themselves or have a family member or employee move in, they must give at least 42 days notice.