No Written Tenancy Agreement Nz

If you are renting a property in New Zealand, it is essential to have a written tenancy agreement in place. However, in some cases, there may not be a written tenancy agreement between the landlord and the tenant. This situation is not unheard of in New Zealand, and it can make things a bit more complicated for both parties.

So, what happens when there is no written tenancy agreement in New Zealand?

Firstly, it is important to note that verbal agreements are legally binding in New Zealand. If there is no written tenancy agreement, the tenancy will be deemed to be a periodic tenancy. This means that the tenancy will continue on a week-to-week or month-to-month basis, depending on how the rent is paid.

A periodic tenancy can be ended by either the landlord or tenant giving notice to the other party. The notice period required will depend on the frequency of rent payments. If rent is paid weekly, the notice period is 90 days. If rent is paid fortnightly or monthly, the notice period is 42 days.

In the absence of a written tenancy agreement, it can be challenging to determine what the terms of the tenancy are. This can lead to disputes between the landlord and tenant. It is important to note that the terms of a verbal tenancy agreement can be enforced, but it can be difficult to prove what was agreed upon.

To avoid any confusion or disputes, it is highly recommended that a written tenancy agreement is in place. This document should include details such as the names of the landlord and tenant, the property address, the amount of rent payable, and the frequency of rent payments. It should also outline the obligations of both the landlord and tenant, such as maintenance responsibilities and notice periods for ending the tenancy.

In conclusion, while a verbal tenancy agreement is legally binding in New Zealand, it is always best to have a written tenancy agreement in place. This will ensure that both the landlord and tenant are clear on the terms of the tenancy and can avoid any misunderstandings or disputes. If you are in a situation where there is no written tenancy agreement, it is recommended that you seek legal advice to ensure that your rights are protected.