Tenancy FAQs
Fixed Term: No. Unless it is written into the tenancy agreement.
Periodic: Yes. However, the rent cannot be increased until after the first 12 months of the tenancy, provided the increase is not within 12 months of the last increase.
The landlord is required to give 60 days’ notice of the increase.
Yes, the landlord has the right to list the property for sale regardless of the term of the tenancy.
However you will be entitled to remain in the property for the duration of the fixed term. This term may be extended if you and the new landlord agree. Waikato Real Estate will negotiate with the landlord on your behalf to reach a mutual agreement.
Not without the consent of Waikato Real Estate. If it is agreed, then you are obliged to provide Waikato Real Estate with a set of the new keys.
Notice for access varies as follows:
- If you agree, a Waikato Real Estate agent can enter the property immediately
- For the purpose of carrying out a routine inspection - 48 hours
- For the purpose of carrying out necessary repairs or maintenance - 24 hours
- For the purpose of showing the property to prospective tenants, purchasers or a registered valuer by consent (which cannot be unreasonably withheld)
The most important thing to do is to contact Waikato Real Estate as soon as you are aware there will be a problem with your rent payment. Simply ignoring the problem will not make it go away and very likely cause us concern and commence breach and eviction proceedings.
A property manager acts as the landlord for the owner of the property. Tenants contact the Property Manager to view properties, sign a tenancy agreement and make them aware of any maintenance or emergencies. Property Managers inspect the property regularly to make sure it is in good condition and report back to the owner. Property Managers collect the rent from you and pass it onto the landlord.
They also will handle any breaches of your agreement and take you to Tenancy Tribunal on behalf of the owner if necessary. You will NOT need to contact the owner directly about anything unless the property manager’s role was simply to find tenants and sign them up (tenant finding service). In this case, the owner will manage the relationship with you themselves and you will be given their contact details.
A fixed term tenancy has a start date and a finish date. You are responsible for the rent for the entire term of the tenancy. It can only be terminated by mutual consent. At the end of your fixed term tenancy, if another fixed-term is not entered into, your tenancy automatically becomes a periodic tenancy.
A periodic tenancy can be terminated by notice. You must give the landlord 28 days written notice. The landlord can give you 90 days’ notice, if the property has been sold, is going on the market or they require it for their own or for family use. If you wish to vacate prior to the 90 days, you have to provide 28 days’ notice.
Notify your property manager immediately to take the necessary steps.
If you lose keys to your property, you may need to pay for the cost of replacing the locks and having all keys re-issued. You should not replace locks without our prior consent. Please discuss with your property manager as soon as you realise your keys are missing.
Tenancy Services through the Department of Building and Housing offers unbiased advice to tenants and landlords. If you need help with any tenancy issues we recommend you call them on 0800 83 6262.