Frequently Asked Questions on Renting
What happens when the tenancy expires?
If you have a fixed term tenancy you will find details of the expiry date in your tenancy agreement. If this date passes, your tenancy becomes a 'periodic tenancy agreement'. This ensures all parties are bound by the original tenancy terms.
You can also request a lease renewal from the owner or agent. The owner of the property has the right to renew the lease, let arrangements continue under the terms of the original lease or issue the appropriate notice requesting that you vacate the property.
It is important for you to discuss whether or not you want to continue living in the property with the property manager well before the expiry date of your tenancy, which allows everyone to make the necessary plans and arrangements.
I want to break my tenancy, but have another person who wants to take over the property. What do I do?
Any agreed handovers must be done correctly and legally - you and the other person should contact your property manager as soon as possible and let them know what you want to do.
You should also be aware that your landlord has no automatic obligation to agree to your request - the new person must complete an application form, provide references and carry out all the other steps that are necessary for anyone to be approved as a tenant.
If this application is approved, the new person should not move into the property until a final inspection has been carried out and the necessary arrangements are made with your landlord for the release of your bond.
What happens if I need to leave the property before my fixed term tenancy expires?
In this event, you are responsible for all reasonable expenses incurred by the landlord to locate a replacement tenant.
You would also need to continue paying rent until a new tenant is located and enters into a new tenancy agreement. You and the agent are both able to actively seek a new tenant - but this individual must complete all normal processes and checks before they are approved.
It is essential that you not leave the property without notifying your agent - this will likely result in the loss of your bond and could also create a bad rental history record, which may make it more difficult for you to rent again in the future.
What happens if the owners of the property I am renting decide to sell?
There are a number of different scenarios that can occur if the owner decides to sell - these can depend on the expiry and terms of your tenancy agreement.
For example, if you are within the fixed term of your tenancy and the property is sold to another investor, you continue to have your rights to the property as a tenant when the new owner assumes the responsibility as your landlord.
If the property is sold to someone who wishes to live there, you will be given notice to vacate - this will usually give you plenty of time to arrange your next property.
As an existing tenant, your Harveys agent is perfectly-placed to help you find another rental property that suits your budget and preferences.
Where can I find information about the rules and legislation that relate to renting?
Feel free to speak to your Harveys' Property Investment Manager if you have any questions that specifically pertain to your property or go to the Department of Building and Housing website at www.dbh.govt.nz