The Residential Tenancies Act (RTA) Section 16 (A) outlines that landlords must appoint an agent in New Zealand to carry out their duties as a landlord.
When they appoint an agent, that agent must be a full agent and carry all the responsibilities of a landlord. So if it is a family member or friend to be the agent the appointee will be bearing all responsibilities under the Act for liability as a landlord. This means that if the tenant has any issues they would normally bring up with the landlord they will need to contact your nominated agent.
Once you have appointed an agent you are required to:
- Advise your tenants about who the agent is and how they can contact the agent
- Fill out a change of landlord form for MBIE’s Tenancy Services
- Contact the Bond Centre and ask them to update their records with your agent’s name. This means that if your tenant leaves while you are overseas they can retrieve their bond (provided of course the property is in the same condition as the beginning of the tenancy)
When you return to New Zealand you’ll need to tell your tenant and Tenancy Services that you are back and taking over from your agent.
It’s unlawful if a landlord doesn’t appoint an agent or doesn’t provide the tenant with their agent’s details. If a landlord doesn’t do this, the tenant can give the landlord a notice to remedy. This notice gives the landlord a deadline to appoint an agent or to provide them with the agent’s details in New Zealand.
If a landlord doesn’t comply with a notice to remedy, the tenant can apply to the Tenancy Tribunal to sort the matter out and landlords can be liable for exemplary damages of up to $1000.
If you have a Holmwood property manager, all you will need to do is let them know that you will be away. You won’t need to do any of the above as your property manager is already appointed as your agent.
If you want to appoint a Holmwood property manager while you are away simply contact us.