What are your responsibilities as a new landlord in New Zealand?

Becoming a landlord means meeting tenancy law and your insurer's conditions. Skipping tenant checks, inspections or notifications can put a claim at risk. Source

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A new landlord in New Zealand has two sets of rules to meet at once. The Residential Tenancies Act sets what you must do for the tenant, such as working smoke alarms, a written tenancy agreement and a lodged bond (Tenancy Services). Your insurance policy then adds its own conditions, and Tower's Landlord's Plus wording says it may decline a claim and recover money already paid if you have not met them (Tower policy wording).

This checklist, part of QuoteHub's landlord insurance series, lines the two up in the order you will meet them.

Before the tenant moves in

Tenancy Services says your property must meet all legal requirements before it is rented, and that repairs and maintenance should be done before tenants arrive (Tenancy Services). The table sets out each step and what an insurer's wording can add. Tower's column describes its Landlord's Plus wording only; other insurers word these conditions differently.

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Step What tenancy law or Tenancy Services says What Tower's landlord wording adds
Healthy, safe property All rentals need working smoke alarms and ceiling and underfloor insulation (Tenancy Services), and private rentals must meet the healthy homes standards (Tenancy Services) You must comply with your legal obligations as a landlord at all times (wording)
Choosing tenants Landlords should ask applicants to complete a pre-tenancy application form; a credit check needs the applicant's permission, and you cannot discriminate in breach of the Human Rights Act (Tenancy Services) Satisfactory references from previous landlords for every adult living in the house, or character references if landlord references are unavailable (wording)
Tenancy agreement Must be in writing, and the tenant gets a copy before the tenancy starts (Tenancy Services) You and the tenant complete and sign a tenancy agreement (wording)
Condition report The tenancy agreement template includes a property inspection report; both sides sign, date and keep a copy (Tenancy Services) A written pre-tenancy inspection, with photographs if possible, of any existing damage (wording)
Bond Lodge the bond with Tenancy Services within 23 working days of receiving it (Tenancy Services) At least one week's rent in advance and at least three weeks' bond registered with Tenancy Services, or any mix totalling four weeks' rent (wording)

The tenancy rules ask you to collect only the information you need. The policy asks for references from previous landlords. Collect only what is relevant to the tenancy, store it securely, and keep the references so you can provide them when your insurer asks.

Property standards matter for insurance too. Tower's own landlord guide says that not meeting the insulation standards could affect your ability to make a claim, and that not lodging a bond may affect your insurance (Tower).

Tell your tenant about your insurance

Tenancy Services says landlords must put insurance information in any new tenancy agreement: whether the property is insured and the excess on any relevant policy. You must also include a statement that the policy is available on request, and tell tenants within a reasonable time if the information changes (Tenancy Services).

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The excess you choose has a tenancy-law effect. A tenant who carelessly damages the property is liable up to four weeks' rent or your insurance excess, whichever is lower, and landlords cannot ask for or accept more than that (Tenancy Services). Our guide to lost rent and tenant damage cover covers how that cap fits with the policy's own benefits.

Inspections during the tenancy

Tenancy law caps inspections at one every 4 weeks, with 48 hours' notice, while Tower's Landlord's Plus wording asks for one at least every three months. A regular inspection with proper notice and written records can meet both.

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Tenancy law Landlord's Plus wording
How often At most once every 4 weeks (Tenancy Services) At least once every three months, inside and out (wording)
Notice At least 48 hours, and no more than 14 days ahead (Tenancy Services) Not specified
Hours Between 8am and 7pm (Tenancy Services) Not specified
Records Bring the start-of-tenancy report and take photos in case of a dispute (Tenancy Services) Document new damage or concerns in writing, with photographs if possible (wording)

Tenancy Services adds that some insurers require the landlord to prove regular inspections are taking place, so a dated report with photos is useful evidence (Tenancy Services). If you are testing for meth, there are separate notice and result-sharing rules, covered in our guide to meth contamination and landlord insurance.

Rent and arrears

Tower's Landlord's Plus wording asks you to monitor rent payments, send the tenant written notice when rent is 14 days in arrears and apply to the Tenancy Tribunal at 28 days (Tower policy wording). The detail of those steps and the lost-rent benefits tied to them is in loss of rent and tenant damage.

What to tell your insurer, and when

Tower says house insurance is for your primary home and landlord insurance is for the risks of having tenants (Tower). If you are renting out your own home, your existing cover may no longer fit, so raise it with your insurer before the first tenant arrives. Our guide to landlord insurance versus house insurance explains the difference.

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Once you are insured as a landlord, Tower's wording requires you to tell it immediately if any of these happen (Tower policy wording):

  • the house is no longer in the rental market, or becomes a holiday home;
  • the house has been or will be unoccupied for more than 90 days;
  • anyone starts to use or live in the house for a business purpose;
  • you make structural alterations;
  • anyone identifies the property as at risk from a natural hazard, or a LIM or similar document changes on that risk.

The same section asks you to take reasonable care to protect and maintain the house and keep it securely locked when unattended. If you let short stays rather than a standard tenancy, see short-term rental insurance. Tower may change the terms or premium after a change you report, so a change you do not report is not reflected in your cover.

Records worth keeping from day one

Tenancy Services notes that landlords must keep records for tax purposes and to comply with the healthy homes standards (Tenancy Services). Add the items your insurer may ask for:

  • Signed tenancy agreement and the insurance statement.
  • Pre-tenancy application, reference checks and any credit report.
  • Signed start-of-tenancy condition report with photos.
  • Bond lodgement confirmation.
  • Smoke alarm and healthy homes compliance records.
  • Each inspection report with its photos and the notice you gave.
  • Written arrears notices, if you ever need them.

Getting a quote from Tower online

Have the address, build year, construction type, floor area and sum insured to hand (how to work out your sum insured). QuoteHub's link opens Tower's own online quote: Tower's online quote. Other insurers sell landlord cover too, so check the conditions in any wording.

Questions people ask

Do I need landlord insurance to rent out a house in NZ?

Tenancy Services says landlords should insure their rental property, make sure the cover is for a rental, and pay the premiums themselves (Tenancy Services). Any new tenancy agreement must state whether the property is insured. How cost compares is covered in landlord insurance cost.

How often can a landlord inspect a rental in NZ?

No more than once every 4 weeks, with at least 48 hours' notice and between 8am and 7pm (Tenancy Services). Tower's wording asks for one at least every three months.

What happens if I skip an inspection or tenant check?

Tower's wording says that if you do not meet the landlord obligations, it may decline your claim and recover any payment already made (Tower policy wording). Check your own policy wording for its conditions, because they vary.

Are smoke alarms compulsory in rentals?

Yes. Working smoke alarms are compulsory in all rental homes, in every room where someone sleeps or within 3 metres of each bedroom door, and on each level of a multi-storey home. Breaches can bring financial penalties of up to $7,200 for landlords (Tenancy Services).

Who pays for tenant damage?

It depends on how it happened. Careless damage by a tenant is capped at four weeks' rent or your excess, whichever is lower, and intentional damage is a separate matter the tenant can be asked to repair or pay for (Tenancy Services). The claims process is in Tower insurance claims, and the product summary is in Tower landlord insurance.

Sources

(12)
  1. Tenancy Services, Information for new landlords
  2. Tenancy Services, Pre-tenancy applications
  3. Tenancy Services, Initial property inspection
  4. Tenancy Services, Insurance
  5. Tenancy Services, Inspections
  6. Tenancy Services, Damage and repairs
  7. Tenancy Services, Smoke alarms
  8. Tenancy Services, Healthy homes compliance
  9. Tenancy Services, Lodging a bond
  10. Tower, Landlord's Plus policy wording 09-24
  11. Tower, Landlord insurance
  12. Tower, Your landlord responsibilities

Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Reviewed quarterly, when the underlying data is restated. General information, not advice on your situation. Buying through Tower's online quote is direct, without advice. QuoteHub is a Tower partner and Smiths Insurance & KiwiSaver may receive a commission from Tower.

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