Residence Agreement Template for New Zealand

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Key Requirements PROMPT example:

Residence Agreement

"I need a Residence Agreement for a furnished apartment in Auckland, New Zealand, starting from March 1, 2025, that includes specific clauses about body corporate rules and short-term rental prohibitions."

Document background
The Residence Agreement serves as the primary legal instrument for establishing and managing residential tenancy relationships in New Zealand. This document is essential when any residential property is being leased, whether it's a standalone house, apartment, or unit. The agreement must comply with the Residential Tenancies Act 1986 and incorporate recent regulatory requirements such as the Healthy Homes Standards. It includes crucial information about the property, parties involved, financial terms, maintenance responsibilities, and legal obligations. A properly drafted Residence Agreement is vital for protecting both landlord and tenant interests, ensuring compliance with New Zealand law, and providing clear guidelines for the duration of the tenancy.
Suggested Sections

1. Parties: Identification of the landlord/property manager and tenant(s), including full legal names and contact details

2. Background: Brief context about the property and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Property Details: Specific description of the rental property, including address and any excluded areas

5. Term of Tenancy: Whether periodic or fixed-term, start date, and if fixed-term, the end date

6. Rent and Bond: Rent amount, payment frequency, payment method, bond amount and bond lodgment details

7. Utilities and Outgoings: Responsibilities for utilities, services, and other property-related expenses

8. Maintenance and Repairs: Responsibilities for property maintenance, reporting procedures, and timeframes

9. Tenant Rights and Obligations: Standard tenant responsibilities under NZ law and specific property rules

10. Landlord Rights and Obligations: Standard landlord responsibilities including healthy homes compliance

11. Insurance: Landlord's insurance details and tenant's obligations regarding insurance

12. Access and Inspection: Rules for landlord access, inspections, and notice requirements

13. Termination: Conditions and process for ending the tenancy

14. Disputes Resolution: Process for handling disputes and Tenancy Tribunal jurisdiction

15. Execution: Signing section with date and witness requirements

Optional Sections

1. Body Corporate Rules: Required for apartments or units subject to body corporate governance

2. Pet Provisions: Include when pets are allowed, specifying conditions and additional requirements

3. Additional Occupants: Include when other people are permitted to reside in the property besides the named tenants

4. Furniture and Chattels: Include when the property is fully or partially furnished

5. Gardens and Grounds: Include when there are specific requirements for maintaining outdoor areas

6. Swimming Pool/Spa: Include when the property includes these facilities and their maintenance requirements

7. Parking Arrangements: Include when specific parking spaces or rules apply

8. Short-term Rental Prohibition: Include when subletting or Airbnb-style arrangements need to be explicitly prohibited

Suggested Schedules

1. Schedule 1: Property Condition Report: Detailed report of the property's condition at the start of tenancy

2. Schedule 2: Inventory List: List of furniture, appliances and chattels included in the tenancy

3. Schedule 3: Healthy Homes Standards Compliance: Details of property's compliance with healthy homes requirements

4. Schedule 4: Body Corporate Rules: Copy of applicable body corporate rules if relevant

5. Schedule 5: Photographs: Dated photographs documenting property condition

6. Appendix A: Insulation Statement: Mandatory statement about property's insulation

7. Appendix B: Insurance Statement: Details of insurance and tenant liability for excess

8. Appendix C: Property Maintenance Guide: Guide for tenants on property maintenance expectations and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Residential Property

Property Investment

Property Development

Housing Services

Legal Services

Property Maintenance

Relevant Teams

Legal

Property Management

Operations

Compliance

Administrative

Customer Service

Risk Management

Facilities

Contracts

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Tenancy Coordinator

Legal Counsel

Compliance Officer

Housing Officer

Facilities Manager

Property Administrator

Tenancy Advisor

Portfolio Manager

Operations Manager

Contract Administrator

Risk Manager

Customer Service Representative

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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