Rent and other charges

Rent

Can my landlord ask for rent in advance?
Yes. A landlord can ask for up to two weeks' rent in advance but only one week's rent in advance if rent is to be paid weekly.

Can I insist on a receipt for my rent payments?
You are entitled to a receipt if you pay by cash. If you pay by cheque, automatic payment or direct debit, the landlord does not have to provide a receipt. In practice, you won't need one, as your bank will be able to provide a record of your rent payments.

How often can my landlord increase my rent?
Rent increases cannot be less than six months apart and can only be made after the landlord has provided 60 days' notice.

Is there a maximum rent a landlord can charge?
No, levels vary according to demand and there are no restrictions on the amount by which rent may be increased.

If you think your rent is too high, check the rents charged for properties similar to yours advertised in the paper or with real estate agents, or check the Tenancy Services website.

If you are satisfied your rent is out of line with the market you can ask the Tenancy Tribunal for a market rent assessment. The tribunal will assess "what a willing landlord could expect to receive, and a willing tenant expect to pay for the tenancy, in comparison with rent levels in similar areas".

If the landlord is asking substantially more than this, the tribunal can make an order fixing the rent, usually for a period of six months.

Bond

A landlord can ask for up to four weeks' rent as bond. This must be lodged with the Department of Building & Housing Bond Centre in Porirua, within 23 working days of the bond being paid.

A bond lodgement form is available from the Department of Building & Housing or can be downloaded from their website. The standard tenancy agreement is usually sold with a bond lodgement form attached.

When the tenancy comes to an end, and there's been no damage to the property, unpaid rent or other dispute, both parties sign a bond refund form and the bond is refunded.

If you wish, it can be transferred to a new tenancy. For this to happen, a bond transfer form, also available from the Department of Building & Housing, should be signed by you and both your new and old landlords. The new landlord should then send it to the Bond Centre.

For inquiries regarding tenancy bonds, call the Tenancy Bond Centre: 0800 737 666

Other charges

Your landlord can also ask for real estate agent's fees and/or solicitor's fees charged for setting up the tenancy.

Option money
A landlord may ask for "option money": no more than one week's rent in advance as a deposit for holding a house or flat. It must be refunded or put towards your rent if you take up the tenancy.

Of course, if you decide you don't want the flat, the landlord may keep the money.

Can landlords ask for "key money"?
"Key money" is money demanded by the landlord for giving you the tenancy (excluding rent, bond or an agent's or solicitor's fees).

It's illegal. A landlord cannot ask for $100 before supplying the key to the house or for a $50 deposit on a washing machine or money for anything else supplied with the tenancy.

Gas, electricity and phone
The landlord should provide the facilities for at least electricity and phone connection. Gas may also be set up. However, it's the tenants' responsibility to arrange for these to be connected. If you think your newly rented house has been empty for a while, take a reading of the electricity and gas meter on the day you move in. You are only responsible for the power and gas that you use.