Tenancy agreements frequently asked questions

What types of tenancy agreement are there and how do I set one up?

There are three basic types of tenancy agreement. These are fixed-term tenancies, periodic tenancies, and service tenancies.

• Fixed-term tenancies are for a specific length of time and cannot be ended with notice.
• Periodic tenancies are ongoing tenancies of no fixed length that can be ended by giving notice.
• Service tenancies are related to a contract of service between the landlord as employer and the tenant as employee. A separate contract for the tenancy does not need to be drawn up in writing for there to be a service tenancy and rent may not have to be payable. 

The type of contract agreed to between the landlord and the tenant should be clearly written on the tenancy agreement. If the tenancy is for a fixed term, the date that the tenancy ends or the period that it is to last for should be written in the tenancy agreement too. 

All of the terms should be agreed to before the agreement is signed. Additional clauses may be added to a tenancy agreement as long as these are compliant with the Residential Tenancies Act and agreed by both parties. 

A property inspection report should be completed and attached to the tenancy agreement and should be signed by both the landlord and tenant when it is completed. The report should list all of the chattels provided by the landlord for the use of the tenant and any facilities that are excluded from the tenancy, and outline the condition of the property and its facilities. Any damage or defects should be noted on the inspection report. If the tenant is to pay for water, the water meter reading at the beginning of the tenancy should be noted on the tenancy agreement.

Tenancy agreements should be in writing but can still be enforced if they are verbal.  

Any amendments or variations to tenancy agreements must be made and agreed to in writing by all parties to the tenancy agreement. Any additional clauses added to a tenancy agreement must be in accordance with the Residential Tenancies Act. 

For detailed information about setting up, completing, amending or understanding tenancy agreements, phone us on 0800 83 62 62. 

Read more about tenancy agreements in the sections of our site for landlords and tenants. 

What can I do about breaches of the Residential Tenancies Act or the tenancy agreement?

Where the tenant or landlord has breached the tenancy agreement or the Act, and the breach is capable of remedy, the affected tenant or landlord may give to the other a notice to remedy allowing a reasonable timeframe for them to remedy the breach. For breaches that are not serious and urgent, this is normally a minimum of 10 working days in addition to time allowed for serving the notice.

For breaches that are not capable of remedy or that are serious (eg, the tenant being at least 21 days in arrears, or the tenant assaulting the landlord), or when a notice to remedy has been served and has not been complied with, an application can be made to the Tenancy Tribunal for an order to address the breach and may include an order terminating the tenancy. 

The Tenancy Tribunal can award compensation or order work to be done up to a value of $12,000. 

See Forms and Info for template letters advising 10 working days notice to remedy a breach. 

Who pays for water?

The tenant is responsible for water charges, including standard meter readings, where the tenancy agreement says the tenant must pay for water, the premises has its own meter, and the water supplier charges for water to the premises on the basis of metered usage.

Where any of these things is not the case, or the landlord has agreed to pay for the water, or it is included as a part of the general rates, the landlord would be responsible for paying for the water supplied to the property.