Tenancy Agreement NZ: What Must Be in It, Where to Get the Free Form, and the Clauses Landlords Forget (2026)

Updated September 2026. General information for NZ landlords and tenants, not legal advice. The free official form and the current rules are on Tenancy Services.

Every residential tenancy in New Zealand must have a written tenancy agreement, signed by both parties, and the landlord must give the tenant a copy before the tenancy starts. You don't need a lawyer and you don't need to buy a template: Tenancy Services publishes a free residential tenancy agreement form that covers everything the Residential Tenancies Act requires. What trips landlords up is not the form itself but the statements that must be attached to it, the clauses that are unenforceable, and the handful of things the Act says you simply can't ask for. This guide covers all three.

Where to get a tenancy agreement form in NZ

The official Residential Tenancy Agreement from Tenancy Services is free, current, and accepted everywhere. It comes as a fillable PDF and covers general tenancies of houses, flats and apartments. There are separate official forms for boarding-house tenancies. Property managers usually use their own software-generated agreement, which must still contain everything the official form does.

You can add your own clauses to the official form (a "schedule of additional terms"), but any clause that tries to remove a right the Act gives the tenant is unenforceable, and some are unlawful acts that can attract a penalty. If a paid "NZ tenancy agreement template" from the internet has clauses the official form doesn't, be suspicious of them, not impressed by them.

What must be in a tenancy agreement

Under the Residential Tenancies Act 1986 the agreement must record at least:

  • the full names and contact details of the landlord and every tenant, including an address for service for each (an email address for service is valid and is worth including — it lets notices be served electronically);
  • the address of the rental property;
  • the date the agreement is signed and the date the tenancy starts;
  • whether it is a fixed-term or periodic tenancy, and the end date if fixed-term (see periodic vs fixed-term: what's the difference);
  • the rent amount, how often it is paid, and the day it is due;
  • the bond amount (maximum four weeks' rent) and, from 1 December 2025, any pet bond (maximum two weeks' rent);
  • a list of the landlord's chattels (whiteware, curtains, heaters and so on) included with the property.

The three statements landlords forget

1. Healthy Homes compliance statement

Every new or renewed tenancy agreement must include a signed statement of the property's current level of compliance with each of the five Healthy Homes Standards. Leaving it out is a penalty of up to $500 per tenancy. Since 1 July 2025 every private rental must fully comply, so the statement should be saying "complies" on every line — and you need records to back it. Our Healthy Homes assessment guide explains how to produce them.

2. Insurance statement

The agreement must state whether the property is insured and, if so, what the excess is for each relevant policy. This matters because a tenant's liability for careless damage is capped at the lower of four weeks' rent or the landlord's insurance excess, per incident. The landlord must also give the tenant a copy of the relevant parts of the policy on request. If your insurance changes during the tenancy, tell the tenant in writing.

3. Insulation statement

The agreement must include a statement describing the insulation in the ceiling, underfloor and walls — location, type and condition — or say why there is none. This has been required since 2016 and is separate from the Healthy Homes statement, although in practice the two overlap.

Clauses you can't include (or can't enforce)

  • "No pets" as a blanket ban. Since 1 December 2025 a tenant can ask to keep a pet and the landlord may only refuse on reasonable grounds. You can set reasonable conditions and take a pet bond, but an outright ban clause is not enforceable.
  • Letting fees charged to the tenant — banned since December 2018.
  • Rental bidding. A property must be advertised with a rent amount; inviting tenants to bid above it is an unlawful act.
  • Penalty clauses for ending a fixed term early. You can recover reasonable actual re-letting costs, not a fixed penalty.
  • Automatic rent increases more often than once every 12 months, or without 60 days' written notice.
  • Contracting out of any obligation in the Act — repairs, quiet enjoyment, entry notice periods, and so on.

What you can add: a smoking ban inside the house (enforceable since March 2025), reasonable pet conditions, a requirement to keep lawns tidy, rules about subletting (which needs your written consent anyway), and the frequency of routine inspections (no more than once every four weeks, with 48 hours' to 14 days' notice).

The pre-tenancy application form

Before you get to the agreement, most landlords use a pre-tenancy application form to choose between applicants. The Privacy Commissioner's guidance is strict about what you may collect at this stage: identity, contact details, tenancy history and references, and enough to confirm they can pay the rent. You should not be asking for things like bank statements, detailed medical information, or anything about protected characteristics, and you should only ask for information about credit or criminal history once the applicant is your preferred candidate. Collect less, and delete what you don't need once the tenancy is signed.

Signing, copies and what happens next

  1. Both parties sign. Electronic signatures are fine.
  2. The landlord gives the tenant a copy before the tenancy starts.
  3. The bond is lodged with Tenancy Services within 23 working days of receiving it (online via Bond Hub or your property-management software).
  4. Do an entry inspection together, with photos, and both sign the report. It becomes the baseline for the bond at the end.

Our first-week checklist for a new tenancy covers the full sequence.

Frequently asked questions

Does a tenancy agreement have to be in writing in NZ?

Yes. The landlord must put it in writing and give the tenant a copy before the tenancy begins. An unwritten arrangement is still a tenancy covered by the Act — it just means the landlord has already committed an unlawful act.

Is there a free tenancy agreement template in NZ?

Yes. Tenancy Services provides the official Residential Tenancy Agreement free of charge. It's the one to use.

Can I write my own tenancy agreement?

You can, but it must contain everything the Act requires (including the Healthy Homes, insurance and insulation statements) and cannot remove any tenant rights. Using the official form and adding a schedule of your own reasonable terms is safer.

What is the maximum bond in NZ?

Four weeks' rent. Plus, from 1 December 2025, a pet bond of up to two weeks' rent where the tenant keeps a pet with consent.

What happens if the landlord doesn't give the tenant a copy?

Failing to provide a written agreement is an unlawful act. The tenant can apply to the Tenancy Tribunal, which can award exemplary damages against the landlord.

One place for the agreement, the statements and the dates

The NZ Landlord Compliance Kit (NZ$99 ex GST) includes a tenancy register with the start date, term, rent-review date, bond number and lodgement deadline, plus the Healthy Homes evidence tracker that feeds your compliance statement. If you're a first-time landlord with one property, the NZ Landlord Pack (NZ$39 ex GST) is the lighter option.

Related free tools: working days calculator (count the 23 working days for bond lodgement) · rental income tax calculator · Healthy Homes checklist.

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