CONTENTS
Using this Book
Finding a Flat
Contacting a Flat
4
5
7
Knowing the Costs
Setting Up
Living in a Flat
11
14
17
Dealing with Problems
Leaving a Flat
Useful Resources
24
27
32
USING THIS BOOK Flatting can be one of the most enjoyable and transformative experiences of your life. You will make great friends, maybe lose a few, and learn a whole lot about life and about yourself. There is so much to know about flatting, but lots of first-timers head into it blind. The whole point of this booklet is to help you navigate things and make the right decisions so they don’t come back to bite you. So before you launch into the flat hunt, take some time to flick through this. It might just save you time and a lot of hassle further down the track. As you move through the flatting process from finding a flat, to setting one up, dealing with any issues and then leaving, keep an eye on this booklet for helpful tips. And remember if you do run into issues, we are always here to help, so feel free to come and see us at VUWSA. Good luck! Rory Lenihan-Ikin President 2017
4
FINDING A FLAT HOW DO I FIND A FLAT? Whether you’re looking for a flat as a group or by yourself, you’ll find the majority are advertised online. ASK AROUND You’ll be surprised how many connections you may have with people needing to fill a room or a flat. Asking the right person, at the right time, could get you a viewing before a place is advertised online – and give you the chance to meet your flatmates before moving in. USE THE WEB Browse TradeMe or Real Estate websites for available flats. There are also lots of Facebook groups for people looking for flats, flatmates, or for a room.
OUR ADVICE Try not to rush the ‘flat finding’ process to avoid signing a dodgy contract or getting stuck in a bad flat.
5
SUSTAINABILITY TRUST TIPS When you are flatting, it’s important that you choose one that is as warm and dry as possible – this will help keep you healthy and save you money. HOW MUCH SUN DOES THE FLAT GET? North-facing rooms get the most sunlight. Trees and typography can affect sunlight, and can even induce dampness if there is not enough natural light. IS THE FLAT INSULATED? Check the standard of insulation from the tenancy agreement before you sign. Ceiling insulation is the most effective, but underfloor insulation is important too. Curtains are key to preserving heat and energy. IS THERE A HEAT PUMP OR OTHER HEATING? Without a reliable heat source, the flat is likely to be cold and damp. Most homes need heating in the bedrooms and the living area too. VISIBLE SIGNS OF POOR CONSTRUCTION? A draughty flat will be cold and expensive to heat. Check for gaps around windows and doors and around pipes in the kitchen and bathroom. ARE THERE EXTRACTOR FANS IN BATHROOM AND KITCHEN?
A well ventilated flat is drier, healthier and cheaper to heat. If there are no extractor fans, check windows open and close. VISIBLE SIGNS OF MOULD? Dampness can lead to health problems and will cost more to heat. Check for signs of mould in bathrooms, kitchens and cupboards. Drying laundry inside causes dampness, so look for outdoor clotheslines and externally-vented dryers. CHECK OUT SUSTAINTRUST.ORG.NZ OR WELLINGTON.GOVT.NZ/RENTALWOF FOR MORE TIPS 6
CONTACTING A FLAT WHAT TO DO WHEN I FIND A FLAT I LIKE? CONTACT AND ARRANGE A FLAT-VIEWING Prompt contact will keep you ahead of the game. Good communication goes a long way as you want to make a good impression. Send friendly, succinct emails and texts, speak clearly if leaving a voicemail and don’t forget to leave a name and number! ADMINISTRATIVE Who are you dealing with (i.e. the landlord, another tenant, or a property management agency)?
How soon is the flat available?
Is it a fixed-term or periodic tenancy? Refer to table on pages 26-27.
How many people are allowed to live at the property?
Are you entering into a flat-sharing or tenancy agreement (are you a tenant or flatmate)? Refer to table on page 9.
7
THE LAW TENANCY AGREEMENTS Read carefully! A tenancy agreement must be in writing and include certain information relating to the tenancy, including rent, date tenancy starts, bond, letting fees, furniture included and insulation details. Landlords can also add additional conditions, so long as they comply with the Residential Tenancies Act (i.e. relating to smoking, pets, number of tenants). Agreements can also include clauses about increasing rent (even with fixed-term tenancies!). However, any increase must still be on 60 days notice. Decide between your flatmates who wants to be on the tenancy agreement, although some landlords may prefer all tenants are listed. Those listed on the tenancy agreement officially become tenants; those who are not, are simply flatmates (refer to Dictionary). Every tenancy agreement must be in writing, and be signed by the landlord and tenant. Agreed changes and tenancy agreement renewals must also be in writing.
TOP TIP It’s worth having a look at the tenancy agreement template provided on tenancy.govt.nz. The template covers all the standard agreement inclusions. So, if there’s anything extra on yours and you’re unsure why, ask the landlord to clarify. If you need advice, ring Tenancy Services, 0800 TENANCY.
8
FIXED VERSUS PERIODIC TENANCIES FIXED (MOST COMMON FOR STUDENTS)
PERIODIC
Fixed time (i.e. 12 months).
Continuous, no fixed end-date
Landlords cannot increase rent during this period (unless stated in tenancy agreement).
Landlords can increase rent at any time after the first 180 days of tenancy, with 60 days notice in writing.
Landlords cannot kick you out, and you cannot leave during the fixed period unless you come to an agreement (see Leaving a Flat).
The tenancy can be cancelled by the landlord with three months notice (this can be reduced to 42 days in some cases) or with 21 days notice by the tenant. Notices must be given in writing.
TOP TIP Have references, pre-tenancy applications and any other necessary documentation prepared so you can send it all off quickly when you find a flat you like!
9
LEGAL DIFFERENCE BETWEEN TENANT AND FLATMATE
TENANT
FLATMATE
Your name is on the tenancy agreement and you have signed it
Has not signed a tenancy agreement with landlord
Agreement and your relationship with the landlord is governed by the Residential Tenancies Act
You may have a flatting arrangement with existing tenant (i.e. the person named on the agreement). If so, you are responsible to the tenant and your relationship is governed by the Residential Tenancies Act
Has rights and responsibilities as a tenant to the landlord
Has no rights enforceable with the landlord, and will not be protected from eviction
Has obligations to the Flatmates are not directly landlord. All tenants are responsible to the ‘jointly and severally liable’ landlord for paying rent. If a – this means if one of you flatmate stops paying rent, falls behind in paying rent, the tenant(s) will be held all of the tenants can be held responsible and may need to responsible and may need to cover it cover it
10
KNOWING THE COSTS POTENTIAL FLATTING COSTS
BOND Maximum four week’s rent as bond, but two week’s is average
LETTING FEE One week’s rent plus GST (through a property manager only)
RENT IN ADVANCE Up to two week’s rent to the landlord
INSURANCE For your personal contents
GENERAL EXPENSES Power, internet, rubbish bags gas
CHATTELS Find out if whiteware is included in the flat or if you’ll have to buy/hire
OUR ADVICE Create a budget and work out how much you can afford. Take into account all the potential costs of moving in. If you’d like budgeting tips, visit: victoria.ac.nz/study/student-finance
11
BOND Your bond is refundable, provided the landlord is not required to use it to repair damage to the flat or cover any unpaid rent. To ensure you get your bond back, make sure your landlord lodges your bond with Tenancy Services within 23 days. You should receive a bond receipt after they’ve lodged it. If not, give Tenancy Services a ring on 0800 737 666 to confirm they’ve received your bond. LETTING FEE This is a fee that can only be charged by property managers, not private landlords. RENT Pretty much goes without saying: Pay the rent on time. If it’s due Wednesday, tell everyone to put it in the flat account on Monday night, so it can be paid out of the flat account on Tuesday, and be in the landlord’s bank account by Wednesday. INSURANCE Contents insurance is an extra cost, but can make a big difference if you get some unexpected, or random visitors to your parties, helping themselves to your things. You also have the option of personal liability insurance. This insurance covers you for unexpected damages (i.e. you leave the oven on and melt all your flatmates’ belongings).
TOP TIP Usually you can get low consumption or on/ off peak plans, which generally work out to be cheaper, especially during holidays when everyone is away.
12
POWER Shop around for the cheapest power. Compare power prices at powerswitch.org.nz INTERNET AND PHONE
Shop around and avoid signing up for a fixed-term contract, especially if you aren’t staying in the flat over summer. A contract can also avoid hefty cancellation fees when leaving the flat.
TOP TIP Consider getting ultrafastfibre.co.nz or Vodafone Cable. If you choose ordinary ADSL, consider how many people you’ll be flatting with. Will you be competing against five other flatmates to watch Shortland Street at the same time?
OUR ADVICE Book the internet in advance and choose the installation date when you move in. Otherwise you could risk being internet-less until April.
13
SETTING UP It’s important to record the state of the flat when you move in, so that at the end of the tenancy the landlord cannot say, for instance, the stain on the floor or the hole in the wall was from you (and make you pay for it!).
TOP TIP Take photos of anything out-of-the-ordinary and email them to the landlord asking them to clarify. If you need advice, ring Tenancy Services, 0800 TENANCY.
MOVING AND NEED HELP? HERE ARE SOME MOVING SUGGESTIONS: DIY: Rally your friends and family to help you move in on the day. It’s easy to hire trailers and vans. Ensure all personal items are accounted for. Moving company: Convenient and reliable, but costly. Search Google, TradeMe or Facebook. Student movers: Help a fellow student out. Throw some cash their way if they’re offering a moving service during popular moving times for students. Be wary of who you choose, and make sure personal details are exchanged and conditions are discussed before the move. Look up ‘Vic Deals’ on Facebook.
14
FLAT ACCOUNT Flat accounts are useful for paying for flat shopping (splitting payments five ways at Countdown checkout is a nightmare), paying for power; and sometimes landlords insist on rent coming from one account. Also, if all payments are coming into one account every week, everyone can see who hasn’t paid rent on time, etc. Some banks allow you to add all flatmates to one account and you can often apply together online. For more information on bills and flat accounts, speak to VUW Student Finance or check out: victoria.ac.nz/students/money FLAT AGREEMENT In the flat, it’s a good idea to have a flatmate agreement between everyone in writing. This can include quiet hours; paying for your own damage; and splitting power, rent, internet, chores, and food. You may think this isn’t necessary because you’re all good friends, but it’s good to set some boundaries at the start so everyone has the same expectations – your best friend might not always be your best flatmate. Download a flatting agreement template from: tenancy.govt.nz
TESTIMONIAL
“
George and I were great friends. But I didn’t realise what flatting with him would be like. He was always noisy late at night, never cleaned, and we always had to chase him up for the rent! Never again. – JR
”
15
DECORATING
Check what your landlord is okay with you hanging on the walls. Be careful when pulling Blu-Tack off the walls too. Sometimes it can pull off paint, and you may be responsible for repairing the damage. FLAT WARMING If you host a flat warming party, let your neighbours know in advance. Most are fine with some noise, for one night. Remember, as a tenant, you have an obligation to give and receive a reasonable amount of peace, comfort, and privacy. Fines can apply, as well as an angry landlord who can take action against you, if these obligations are breached often (and you’re the culprit). Noise control can be called at any time of the night, not just after 10pm. If noise is out-of-control, you are within your rights to call noise control, and so are your neighbours. The first time noise control is called out, the noisy person will receive a written warning. And the noise control officers can confiscate whatever’s making the noise following repeated calls! DECORATING Landlords are responsible for installing smoke alarms. There must be one smoke alarm installed within three metres of each bedroom doorway, but it is the tenant’s responsibility to change batteries.
OUR ADVICE Don’t remove your smoke alarms off the wall because they keep beeping!
16
LIVING IN A FLAT Great, you’ve secured yourself a flat! What happens next? It’s important to know what your responsibilities as a tenant are and what the landlord’s responsibilities are. Clarifying these can help avoid headache later on. LANDLORD RESPONSIBILITIES Maintaining the exterior and interior of the property (with 24 hours notice) and doing any necessary repair work within a reasonable time. Allowing the tenant ‘quiet enjoyment’ of the premises – this means the landlord must respect the tenant’s peace and privacy. Informing the tenants if the property is for sale. TENANT RESPONSIBILITIES Paying rent on time. Keeping premises reasonably clean and tidy. Notifying landlord as soon as repair work is needed. Notifying landlord as soon as possible of any damage (accidental or otherwise). Paying for outgoings such as electricity, gas and internet.
17
A TENANT MUST NOT... Withhold rent if the landlord cannot get repairs done. Damage or permit damage (i.e. bring mates over who are a bit wild) to the premises. Disturb neighbours or landlord’s other tenants. Alter or attach anything to the premises without landlord’s written consent. Use property for any unlawful purpose. Exceed the maximum number of occupants stated in the tenancy agreement.
TESTIMONIAL
“
We had a serious rat infestation. We had traps, poison, but still they came. Prior to the rats I had taken walking into the kitchen (without rats) for granted. After the trauma of capturing one (and releasing it) and having to kill one that got half caught in a trap, we decided the pile of rubbish outside our kitchen was probably not helping the situation. − MK (second year flatter)
”
FLAT INSPECTIONS BY LAW THE LANDLORD: Must give 48 hours’ notice. May only enter between the hours of 8am-7pm. May not do an inspection more than once every 4 weeks.
18
COMMUNICATION There could be a number of instances where you might need to contact your landlord, so it’s important to have a good working relationship (especially if you need a reference in the future). Decide which flatmate will be the primary contact for the landlord regarding flat-related issues, and who will be the backup. Ask the landlord what their preferred method of communication is (i.e. text, call, email) and try to stick to this. Ask your landlord if they have a backup contact in case they are unreachable. Write down all the details. By following the landlord’s processes, you become easier to work with, and it becomes more likely your message will be received and acknowledged. Having one contact person makes communication consistent; the landlord may be busy with other tenancies and won’t have time to hear from all your flatmates about the same issue. The same thing also applies if you normally deal with the landlord’s property managers.
OUR ADVICE Landlords are people too, and there will be times when you have to raise a serious issue with them. This could be regarding maintenance, vermin infestations, late rent; so communicate politely and respectfully at all times.
19
DAMAGE LAW Tenants are required to fix or compensate for any damage caused intentionally. Otherwise, careless and accidental damage liability is limited to four weeks rent. A tenant is not responsible for ‘fair wear and tear’ (i.e. if your washing machine stops because it’s old and defective). If a problem is urgent (is likely to cause injury to people or property) and you have taken all reasonable steps to contact your landlord, you can organise for repairs to be done yourself and the landlord will be required to reimburse you, if you can show you tried to contact them first. STEPS TO REPORT DAMAGE Tell your landlord about the damage as soon as possible, be honest and upfront about what has happened. If you are upfront about the damage and your willingness to fix it, your landlord will generally appreciate your honesty.
TESTIMONIAL
“
A particularly intense game of indoor soccer left a very sad, and very large hole in our wall. We called our landlord to let her know. She said she wasn’t worried so long as we had the hole fixed. - first year flatter
”
20
MINOR MAINTENANCE ISSUE
MINOR MAINTENANCE ISSUE
Can you fix it yourself? (without making the problem worse)
Notify the landlord (via agreed communication method)
If in doubt, call your landlord!
The landlord must give 24hrs notice to do repairs (between 8am - 7pm)
TESTIMONIAL
“
The toilet in our upstairs bathroom stopped working. In a house of five, having only one working toilet is bad enough, but when that one toilet is connected via a very thin wall to a person’s bedroom, the situation can be dire. After unsuccessfully waiting for the toilet to fix itself, we contacted our landlord. The first question she asked was whether the tap (on the pipe connecting the toilet to the wall) was turned off (who knew there was a tap?). Turns out one of our flatmates while getting cozy with the toilet had shut the tap off and subsequently forgotten. Apparently this had happened before. − LJ (first year flatter)
”
21
MAJOR MAINTENANCE ISSUE
MAJOR MAINTENANCE ISSUE
Don’t attempt to fix it yourself
Notify the landlord (via agreed communication method)
Tenants can ask the landlord to reimburse them for repairs
If you are unable to contact the landlord − call preferred tradesperson/have the problem fixed
The landlord must give 24hrs notice to do repairs (between 8am - 7pm)
If the landlord refuses − contact the Tenancy Tribunal
22
CHANGES TO YOUR TENANCY AGREEMENT Generally, these should be in writing and be signed by both landlord and tenant. But if not, as a tenant you are still protected by the Residential Tenancies Act. By law you cannot give up your rights as a tenant, even under contract. INCREASING THE RENT Periodic: These can be no more than once approximately every 6 months, and you’re entitled to 60 days notice before rent increases. Also, any rent increase has to be given in writing; and an increase cannot happen within 180 days of the last increase taking effect, or in the first 180 days of tenancy. Lastly, visit tenancy.govt.nz to check the market rent rates in your area – could be a good negotiating tool and useful when looking for flats. Fixed term: Only allowed by agreement (by both landlord and tenant) – otherwise not allowed for the term under contract. However the landlord can apply to the Tribunal to increase the rent if they’ve made significant upgrades with the tenant’s permission, or they’ve incurred unexpected expenses. Also, many landlords will include a clause allowing them to increase rent. You can try to negotiate out of this, but it is quite common so they may be unwilling to take this clause out. If you’re renewing a lease at the end of a term, a landlord can increase the rent without notice because it’s technically a new lease; but a considerate landlord would tell you beforehand, so you can decide whether or not to look for a new place. If a variation is contrary to anything in the Residential Tenancies Act, it will usually be considered invalid.
23
DEALING WITH PROBLEMS Sometimes, despite being polite and forthcoming with damaged property or other issues, the relationship with the landlord can’t be remedied on its own. We’ve outlined some of the options available below. 14 DAY NOTICE The tenant or the landlord can issue a 14 day notice to the other. This is usually done when there’s a serious problem. A 14 day notice gives the other party 14 days to fix an issue, such as maintenance or rent. If you decide to issue 14 days notice make sure you’ve tried to talk with your landlord beforehand. If the problem is still not fixed after the 14 days are up, you can take your case to the Tenancy Tribunal.
TOP TIP If you have a serious issue but your property manager is being difficult, try contacting your landlord directly. This puts pressure on your property manager because the landlord pays them to deal with you.
RETALIATORY NOTICE The landlord cannot end your tenancy because you’ve gone to the tribunal – you’re entitled to stand up for your rights. If this happens it can be set aside by the Tribunal.
24
TENANCY TRIBUNAL Applying to the Tenancy Tribunal should be a last resort, but it ensures your disputes will get resolved. The Tribunal only decides disputes between a tenant and landlord, not flatmates. If the dispute is with a flatmate, it can be dealt with by the Disputes Tribunal instead.
OUR ADVICE Ministry of Justice’s website lists previous Tribunal decisions. Look up a random suburb and have a read – it’s a good way to get an idea of what happens. APPLYING TO THE TRIBUNAL It’s a good idea to get some advice from Tenancy Services before you start. Applications can be done online using the Tenancy Tribunal online application tool. There’s an easy link on the Tenancy Services website, which outlines how to do this. You’ll also need to pay a small fee. Find out what supporting evidence you need to provide from Tenancy Services. You don’t need to quote any laws.
TESTIMONIAL
“
We went to the Tenancy Tribunal because the landlord refused to return our bond. He tried to use it to pay for maintenance (his responsibility), and the contract included things like getting the carpet and chimney professionally cleaned. We thought the Tribunal process was efficient, fair and we felt heard. - RS
”
25
TERMINATION ORDER Termination orders can be sought by both the landlord and the tenant from the Tenancy Tribunal to end a fixed-term tenancy early. An order can be filed against you if you’re not fulfilling your legal obligations. LANDLORDS CAN APPLY IF You’re 21 days behind in paying rent. You’ve caused or threatened to cause substantial damage to the property. This includes allowing another person to cause damage. You have assaulted or threatened to assault the landlord, their family or their agents.
OUR ADVICE Never withhold rent if there are maintenance issues because you’ll give your landlord a strong case against you. BOTH TENANTS AND LANDLORDS CAN APPLY IF The tenancy agreement or the Residential Tenancies Act has been breached by the other party and the Tribunal finds: The breach was committed AND The party was given 14 days notice to remedy the breach, but hasn’t.
26
LEAVING THE FLAT When can I leave a flat? If your name is on a tenancy agreement, you are responsible along with the other names on the agreement for the flat and rent payments, until your name comes off the lease, or some other arrangement is made with the landlord (i.e. subletting or assignment).
You are staying?
FIXED TERM TENANCY
PERIODIC TENANCY
Even when your lease is up you can renew or extend by agreement with the landlord.
Great – periodic tenancies continue until either you or the landlord wants it to end.
If there is a right to extend the tenancy in the tenancy agreement, you need to give the landlord 21 days notice. You are moving out?
If you or your landlord want to end the tenancy on the fixed-term expiry date, you or the landlord must give 21 days notice to the other party. Otherwise it will automatically turn into a periodic tenancy.
27
Notice must be given 21 days before, and must: • Be in writing • Include address of tenancy • State date when tenancy is to end • Be signed
FIXED TERM TENANCY
PERIODIC TENANCY
Moving out early?
The lease can be ended Notice must be given early if your flatmates and the landlord agree 21 days before, and must: in writing. • Be in writing Otherwise, the landlord • Include address of can agree to you tenancy subletting or assigning • State date when your room (see next). tenancy is to end • Be signed The RTA allows you to end a lease if the premise becomes uninhabitable (through something other than a breach of the Tenancy Agreement).
Landlord asking you to move out?
Your landlord can’t get you to move out unless you agree or are in breach of your tenancy agreement or the RTA. In the latter case, a Termination order must be sought through the Tenancy Tribunal.
Notice must be given 90 days before, and must: • Be in writing • Include address of tenancy • State date when tenancy is to end • Be signed Notice can be given 42 days before, only if the property is sold OR the landlord’s family want to move in OR the property is known for employee accommodation and will be used for that purpose again.
28
SUBLETTING Subletting is when you move out of your flat during the lease and create an agreement with another person to live in your room in place of you (i.e. over the summer, if you go on exchange). CAN I SUBLET? Sometimes your tenancy agreement will contain this information. You’ll need to ask your landlord and get written consent. The landlord isn’t allowed to unreasonably withhold consent. HOW TO SUBLET? You need to create another agreement between yourself and the subletter, much like the one that exists between tenants and flatmates. Go to tenancy.govt.nz for a template. In saying all this, this is a risky set up – if the person decides to stop paying you, you have to pay in their place. You still have the same obligations to your landlord, including making sure the subletter pays rent on time until the end of your original tenancy.
OUR ADVICE Subletting is different from Assignment because your name is still on the lease and you still have rights and obligations to the landlord. Your agreement with the subletter is a personal contract rather than a lease. The subletter has obligations to you, but not the landlord and vice versa.
29
ASSIGNMENT Assignment is when you move out of a flat during the lease and have someone replace you as a tenant on the tenancy agreement. CAN I ASSIGN? You can change a tenant during a lease as long as the landlord and other tenants agree in writing. HOW TO ASSIGN? Find a suitable person to replace you on the tenancy agreement. Often your landlord has to agree to your choice of person. That person will take over your responsibilities as a tenant once their name is added to the tenancy agreement and it is signed. You are still responsible for your obligations (i.e. rent) until the change of tenant date specified. Make sure the bond is transferred into the new tenant’s name by filing a change of tenant form (the new tenant pays the old tenant their share of the bond). This form may be supplied by the landlord or you can find it on the Tenancy Services website.
30
MOVING OUT You’ve sorted out you can leave, have given notice where appropriate and you’re on your way out! What now? SUMMARY Return your flat to the condition it was before you moved in and: - Remove all of your own possessions. - Clean and tidy the flat (you aren’t required to get carpets professionally cleaned, (unless you have to do so to get the house/flat into a state of reasonable wear and tear). - Remove all rubbish. - Ensure all landlord’s possessions remain. - Fix any damage that you caused – not fair wear and tear which is the landlord’s responsibility. Arrange with the landlord to have a final property inspection. - If there are any issues, you could refer back to the photos you took at the start of the tenancy. - At the end of the inspection, you’ll have to also return any house keys you have. Make sure you pay and cancel the power and internet, update your address (especially with IRD and banks), and ensure the landlord has a forwarding address for you. The last thing you need to do if you are leaving the flat is have your bond refunded. This form may be supplied by the landlord or you can find it on the Tenancy Services website. You won’t get your old bond back before you move into your new flat – so think about that when you are planning your move. Often future landlords will require past landlords to be a referee for future, so leave on a good note. 31
USEFUL RESOURCES THE DICTIONARY OF FLATTING LANGUAGE Bond. A rental bond is a security deposit a tenant pays at the start of a tenancy. It is held by Tenancy Services and can be used to cover unpaid rent, damage to the property (if it’s the tenant’s fault) or any claim relating to the tenancy. Contents Insurance. Insurance that pays for damage to, or loss of an individual’s personal possessions while they’re located within that individual’s home. Discrimination. Where someone is treated unfairly or less favourably than another person in the same or similar circumstances. It is unlawful if a landlord breaches a clause in the Human Rights Act 1993, or uses one of the clauses for deciding to grant accommodation or continuing a tenancy. Flat. Any shared rental accommodation. Flatmate. A person with whom one shares a flat whose name may or may not be on the tenancy agreement. They may or may not have a flat sharing agreement with existing tenants. ‘Flatmates’ is used interchangeably, but there is a legal difference between flatmates on your agreement, and flatmates who are not. Insurance. A arrangement by which a company provides a guarantee of compensation in return for a premium payment. It can be used to protect house contents and liability for damage to the landlord’s property. Key Money. Money asked for by the landlord for granting a lease, making changes to a lease, extending/renewing a lease or approving subletting. This isn’t allowed unless the landlord has prior consent from the Tribunal. Note: There is a difference between key money and a letting fee – see page 32. 32
Landlord. A person or organisation that owns and leases land, buildings, or apartments. Lease. A contract for the possession of land for a specified period, in exchange for rent or other compensation. Letting Fee. A fee paid to a property manager to cover the costs of setting up a tenancy. This is allowed under the Residential Tenancies Act but only letting agents or a landlord’s solicitor are allowed to charge this fee. Option Fee. Money given to a landlord to hold the property while they decide whether or not to rent it. Also known as ‘key money’, and the maximum amount a tenant can be charged is one week’s rent. Pre-tenancy Application. A form that sets out the details and important information of potential tenants to help landlords decide who the tenancy best suits. Property Inspection Report. A form that asks you to record the condition of various areas of a property and list any furniture or other chattels (is included in the Tenancy Services Tenancy Agreement). It can be used in future disputes or claims as evidence. Property Manager. A person or firm that finds tenants and maintains a property for a fee for the owner. References. Person/s whom the landlord has permission to contact and assess a potential tenant’s credit worthiness or good character. Rent. Money paid by the tenant for the right to live in a property. It does not include any money paid or owing as a bond. Rent in Advance. A landlord can ask for 1 or 2 weeks rent in advance. This depends on whether the tenant will pay weekly (1-week in advance) or fortnightly (2 weeks in advance). Tenancy. Possession of land or property as a tenant. Tenancy Agreement. Agreement between a landlord and their tenant/s for the lease of a property. Tenant. A person who leases/rents a premise from a landlord and has signed a Tenancy Agreement. 33
CONTACTS CITIZENS ADVICE BUREAU Citizens Advice Bureau provides free and confidential advice to everyone. They take the time to listen to you and equip you with the information, options and support that fit your needs. W: www.cab.org.nz P: 0800 FOR CAB (0800 367 222) OR 04 472 2466 E: wellingtoncentral@cab.org.nz COMMUNITY LAW Community Law provides free legal advice and has offices in Wellington and Lower Hutt. W: www.communitylaw.org.nz or www.wclc.org.nz P: (04) 499 2928 E: info@wclc.org.nz SUSTAINABILITY TRUST Wellington’s energy efficiency expert, creating warm, dry & eco-friendly homes & empowering people to live sustainably. W: www.sustaintrust.org.nz P: 04 385 0500 TENANCY SERVICES Provides information on the Residential Tenancies Act. W: tenancy.govt.nz P: 0800 TENANCY P: 0800 737 666 (FOR BOND INFORMATION) WELLINGTON COMMUNITY JUSTICE PROJECT WCJP is a law student-led society and a registered charity at VUW. W: www.communitylaw.org.nz or www.wclc.org.nz P: (04) 499 2928 E: info@wclc.org.nz VICTORIA STUDENT FINANCE ADVISORS W: www.victoria.ac.nz/finadvice P: 04 463 6644 or 04 463 6658 E: student-hardship@vuw.ac.nz
34
VUWSA ADVOCACY SERVICE VUWSA’s Advocacy Service provides independent, informal and confidential information, support and advice to students at VUW. W: vuwsa.org.nz/advocacy P: 04 463 6984 E: advocate@vuwsa.org.nz WELLINGTON REGION EMERGENCY MANAGEMENT OFFICE (WREMO) WREMO co-ordinates Civil Defence and Emergency Management services on behalf of the nine councils across the Wellington region - helping keep you and your communities safe and prepared to respond and recover from emergencies. W: www.wremo.nz P: 04 830 4279 E: wremo@gw.govt.nz Facebook: www.facebook.com/WREMOnz Twitter: @WREMOinfo GET PREPARED — HOME By visiting this site, you’re finding the time to stay safe. Knowing how to prepare for and respond to emergencies means you can recover more quickly. W: www.getprepared.nz
CONTRIBUTORS Rory Lenihan-Ikin, Anya Maule, Kate Nickelchok, Christina Gillmore, Autumn McNeill, Emily Totman, Claire Wills, Holly Cullen and Po Tsai. Special thanks to Rose Goss and Louise Brazier for legal checking this handbook. 35
VUWSA FLATTING GUIDE