NZ Tenancy Agreement: What to Include and What to Watch Out For
The tenancy agreement is the foundation of your relationship with a tenant. Get it wrong and you may find yourself unable to enforce conditions you thought were in place, or in breach of the RTA with conditions that are not legally valid. Here is what you need to know about NZ tenancy agreements in 2026.
MBIE's Standard Tenancy Agreement
The Ministry of Business, Innovation and Employment (MBIE) provides a standard tenancy agreement form that is updated to reflect current law. You can download it from the Tenancy Services website (tenancy.govt.nz). Using the MBIE form is not legally required, but it is a good starting point because it includes all the mandatory provisions.
Some landlords use property management software that generates tenancy agreements automatically. The output should comply with the RTA — but always review it before signing.
What Must Be in a Tenancy Agreement?
Under the RTA, every tenancy agreement must include:
- The names and contact details of all parties (landlord and all tenants)
- The address of the rental property
- The start date of the tenancy
- Whether the tenancy is periodic or fixed-term (and if fixed-term, the end date)
- The rent amount and how often it is payable
- The bond amount (if any)
- The landlord's contact details for maintenance and urgent issues
Since 1 July 2021, every new tenancy agreement must also include a Healthy Homes compliance statement.
Additional Conditions You Can Add
You can add conditions to a tenancy agreement provided they do not conflict with the RTA or any other law. Enforceable conditions commonly added include:
- No pets without prior written approval
- No alterations to the property (drilling, painting, installing fittings) without consent
- Professional carpet cleaning required at tenancy end
- No short-term accommodation (Airbnb, Bookabach) without prior written consent
- Garden must be kept tidy and lawns mowed
- No smoking inside the property
These conditions are enforceable because they do not conflict with any tenant's legal rights. A breach gives you grounds to issue a notice to remedy.
Conditions That Are Not Enforceable
Some conditions landlords try to add are not valid under NZ law:
- Requiring the tenant to pay for normal wear-and-tear repairs or maintenance
- Requiring a bond of more than 4 weeks rent (in any form — "pet deposits" or "key deposits" that exceed this total are also invalid)
- Requiring the tenant to pay any fixed charges for water (only metered usage can be passed on)
- Prohibiting the tenant from having any occupants or visitors
- Waiving the landlord's obligation to maintain the property in a reasonable state of repair
Invalid conditions are unenforceable — but including them could also expose you to an exemplary damages order from the Tribunal if a tenant complains.
Periodic vs Fixed-Term
You need to specify in the tenancy agreement whether it is periodic (no fixed end date, continues until notice is given) or fixed-term (runs to a specific end date). Under RTA 2024, a fixed-term tenancy automatically converts to periodic at the end of the fixed term, unless either party gives notice not to continue.
Fixed-term gives you certainty of occupancy for a period. Periodic gives you more flexibility but less certainty. For new tenancies, many landlords use a 12-month fixed term, then let it roll to periodic.
The Tenancy Condition Report
The tenancy condition report (TCR) is not strictly part of the tenancy agreement, but it is equally important. It documents the condition of the property at the start of the tenancy. Both you and the tenant should sign it. Combined with photos, it is your key evidence for any damage claims at tenancy end.
The MBIE tenancy agreement form includes a TCR template. Use it, photograph every room, and retain both the signed TCR and photos. Digital records are fine.
Multiple Tenants
If there are multiple tenants, all of them should be named in the tenancy agreement and all should sign it. Each co-tenant is jointly and severally liable for rent and property condition — meaning you can pursue any one of them for the full debt, not just their share.
Naming all tenants also means each has the legal status of a tenant, with the associated rights and obligations. Do not informally add flatmates without updating the tenancy agreement.
Storing and Accessing the Agreement
Keep the original signed tenancy agreement for the life of the tenancy and at least 12 months after it ends. You will need it for Tribunal applications and bond disputes. Scanning and storing a digital copy alongside photos in a secure system protects you against losing the paper copy.
RentManager lets you upload and store tenancy agreements against each tenancy record, with easy retrieval when you need to reference terms or prepare for a Tribunal hearing.