Water rates & other outgoings
The process around water rates will vary depending on where you live in New Zealand . However , under the Residential Tenancies Act 1986 , the tenant is responsible for all metered use based on consumption .
Tenants can also be charged for wastewater where the wastewater charge is exclusively attributable to the tenant ’ s use .
A landlord is responsible for outgoings which are incurred regardless of whether the premises are occupied or not , for example , any fixed charges .
If the property is part of a unit title development and the body corporate rules regulate the supply of water amongst the units , then your property manager should point this out , as well as supply you with a copy of the relevant body corporate rules .
A tenant who fails to pay their water charges will be in breach of their tenancy agreement ( unless their agreement states that water rates are included in the rent ) and a property manager can issue a 14 day notice to remedy the breach . This may result in a Tenancy Tribunal application against your name .
Damage to the premises
It is the tenant ’ s responsibility to care for the exterior and interior of the residence , including the gardens if this is part of your tenancy agreement . You are required to contact your property manager straight away if you become aware of any damage that has been caused to the property .
Residential Tenancies Amendments Act 2019
Under the Residential Tenancies Amendment Act 2019 , tenants are liable for careless damage caused to a rental property up to the amount of four weeks ' rent or the landlord ' s insurance excess , whichever is lower .
Landlords will need to provide insurance information in any new tenancy agreement , including whether the property is insured and if so , what the excess amount is .
Insurance companies will not be able to pursue tenants on the landlord ’ s behalf for the cost of damage unless the damage was intentional or the result of an act or omission that constitutes an imprisonable offence .
Fair wear & tear
Fair wear and tear means the deterioration that occurs over time with the use of the property even though the property receives reasonable care and maintenance .
The examples below help illustrate the differences between the two .
Common examples of wear and tear
• Faded curtains or frayed cords
• Furniture indentations and traffic marks on carpets
• Scuffed wooden floors
• Faded or cracked paint
• Loose hinges or handles on doors or windows and worn sliding tracks
• Cracks in the walls from building movement
• Water stains on the carpet from rain leaking through the roof or bad plumbing .
Damage for which you may be liable
• Missing , damaged or torn curtains - either caused by the tenant or their pet / s
• Stains or burn marks on carpets
• Badly scratched or gouged wooden floors
• Unapproved paint jobs or large areas of damage e . g . from posters being ripped off walls
• Broken window glass e . g . from a flatmate or child hitting a ball at the window
• Holes in the walls left by tenants removing picture hooks or shelves they have installed
• Water stains on the carpet caused by an overflowing bath , washing machine or indoor pot plants .
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