A landlord and tenant agree terms by phone and the tenant moves in before any paperwork is done. What has the landlord failed to do?
Correct Answer
A) Put the agreement in writing, sign it, and give the tenant a copy first.
Section 13 requires the landlord to ensure the tenancy agreement is in writing and, before the tenancy begins, to sign it and give the tenant a copy. Failure is an unlawful act and an infringement offence. Section 13C stops the tenancy being unenforceable just because it is not in writing.
Why This Is the Correct Answer
Section 13(1)–(2) requires a written, signed agreement with a copy given before the tenancy starts.
Why the Other Options Are Wrong
Option B: Register the tenancy with the local council within 10 working days.
No council registration exists; s 13 covers the written agreement and the copy.
Option C: Lodge the tenancy agreement with Tenancy Services before the tenant moves in.
Bonds are lodged with Tenancy Services, not the agreement itself.
Option D: Nothing, because oral tenancy agreements are equally valid under the Act.
Section 13 requires a written agreement; failure is an unlawful act, even though s 13C keeps the tenancy enforceable.
Background Knowledge for Property Management
Source: https://www.legislation.govt.nz/act/public/1986/0120/latest/whole.html
Exam Tip for Property Management
Written, signed and copied to the tenant before day one.
Common Mistakes to Avoid on Property Management Questions
- •Thinking an oral agreement satisfies the Act.
More Property Management Questions
How long does a landlord have to lodge a bond with Tenancy Services after receiving it from a tenant?
Which of the following is a mandatory requirement for all rental properties under the Healthy Homes standards?
A periodic tenancy began 8 months ago and the rent has never been raised. If the landlord gives written notice today, when is the earliest a rent increase can take effect?
A property manager discovers a tenant has been subletting rooms without permission for 6 months, generating significant income. The head tenant is otherwise compliant and rent is current. What factors would most influence the Tenancy Tribunal's decision on termination?
Under the Residential Tenancies Act 1986, what is the most a landlord can charge as a general bond (not counting any separate pet bond)?
- → Which of the following is NOT a mandatory requirement for tenancy agreements under the Residential Tenancies Act?
- → How much notice must a landlord give a tenant before conducting a routine property inspection?
- → A tenant has given 21 days' notice to terminate a periodic tenancy but wants to leave 5 days early. What must happen for this to be legally acceptable?
- → A tenant claims bond refund for $1,200 but the landlord disputes $400 for carpet cleaning. The tenant disagrees and applies to the Tenancy Tribunal. What happens to the bond during this dispute?
- → How often may a landlord carry out routine inspections during a tenancy?
- → A landlord wants to increase rent for a periodic tenancy. What is the minimum notice period they must give?
- → During a property inspection, a property manager discovers the tenant has installed a spa pool without permission. What is the most appropriate first step?
- → By what date did all private rental properties in New Zealand have to comply with the healthy homes standards?
- → A property manager conducts an inspection and finds the tenant has installed a heat pump without permission. The tenancy agreement prohibits alterations without consent. What can the landlord legally require?
- → During a property inspection, a landlord notices the tenant has changed the locks. Under what circumstances is this legally permitted?
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