At the start of a tenancy

Tenants and landlords should do a thorough property inspection together at the start of the tenancy. They should then complete and sign the property inspection report, which is part of the tenancy agreement. They should also complete and sign the bond lodgement form if the landlord is charging a bond.

If you’re a landlord you must:

• lodge the bond within 23 working days of receiving it. Not doing this is an unlawful act and you could be required to pay a penalty.

If you’re a tenant you should:

• contact your landlord to check the bond has been lodged (if you don't receive a letter within six weeks confirming your bond has been lodged)
• budget for the bond being four weeks’ rent (although it might be less).

Carrying out the initial property inspection

During a tenancy

If you’re a landlord you should:

• regularly inspect the property to make sure it’s being kept reasonably clean and tidy
• attend to any maintenance issues promptly
• let us know within 10 working days if your contact details change
• update the bond forms within 10 working days if the landlord, property manager or tenant changes.

Changing information on a bond record
Change of landlord

If you’re a tenant you should:

• let the landlord know as soon as possible if anything needs repairing
• let us know within 10 working days if your contact details change
• complete and sign a ‘change of tenant’ form if the names on the bond need to change. You’ll need to make sure the landlord agrees to this and also signs the form.

Changing information on a bond record
Download the change of tenant form below

At the end of a tenancy

Before the tenant moves out, the tenant and landlord should inspect the property together and:

• make sure the final property inspection report is signed by both parties
• complete the bond forms in full, making sure the signatures match those on the bond lodgement form
• be open to splitting the bond if there’s any unpaid rent, damage or other costs, like cleaning or gardening fees.

If you’re a landlord you should:

• make sure the tenant has paid anything they owe you before releasing the bond.

If you’re a tenant you should:

• make sure you agree to the amount written on the bond refund form before you sign it
• never sign a blank bond refund form.

Leasing residential properties to Community Housing Providers: bond requirements

If the tenancy arrangement is not covered by the Residential Tenancies Act 1986 (the Act), a bond should not be lodged with Tenancy Services for that tenancy.

For community housing providers providing social rental housing or affordable rental housing

We strongly recommend you do not use the Tenancy Services residential tenancy agreement template or the Residential Tenancy Agreement Builder tool for your arrangements with the property owner.

You should instead consider entering a commercial deed of lease with the property owner. This will allow you to agree suitable terms with the property owner in the commercial lease agreement, such as allowing you to enter into a residential tenancy agreement with your clients in the specified property. You should seek legal advice on what other terms should be included. This commercial lease arrangement is not covered by the Act.

If you chose to opt into the Act with the property owner instead of a commercial deed of lease, both parties should seek legal advice about which parts or provisions you are choosing to contract into. As the threshold set by the Tenancy Tribunal for contracting into the Act is high, it is not sufficient to only opt into the bond provisions of the Act.

Once you have entered into a suitable agreement with the property owner that allows you to rent the property to your own social housing or affordable rental housing clients you will then be able to enter into a residential tenancy agreement, signed and in writing. You become the landlord, your client becomes the tenant, and the tenancy will be covered by the Act. Any bond taken must be lodged to Tenancy Services.

For property owners or property agents

If you're looking to enter into an arrangement with a community housing provider where there is an understanding that your property will be occupied by their clients, then we strongly recommend you achieve this by entering into a commercial deed of lease. This will ensure that the rights and responsibilities of all parties are suitable to your arrangement.

Seek legal advice about this arrangement, including what kind of security you can require. Any security funds collected should not be lodged with Tenancy Bond Services (unless opting into the Act).

If you chose to opt into the Act with the community housing provider instead of a commercial deed of lease, both parties should seek legal advice about which parts or provisions they are choosing to contract into. As the threshold set by the Tenancy Tribunal for contracting into the Act is high, it is not sufficient to only opt into the bond provisions of the Act.

For more information 

• Who is protected under the Act 
• Performance standards and guidelines(external link) – Community Housing Regulatory Authority 
• Auckland District Law Society (ADLS)(external link)