Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Key money, bonds, and rents

21: Tenant may pay bond direct to chief executive with landlord's consent

You could also call this:

“If the landlord agrees, you can pay your rental bond directly to the government instead of to the landlord.”

You can pay your bond directly to the chief executive if your landlord agrees. This is different from what section 19 and section 20 say.

When you pay your bond this way, you and your landlord need to fill out and sign a special form with all the details.

After you pay the bond to the chief executive, they will do three things:

  1. Put the money into a special account called the Residential Tenancies Trust Account.

  2. Give you a receipt that shows:
    • The address of the place you’re renting
    • Your landlord’s name
    • Your name
    • How much you paid and what it was for
    • The date the chief executive received the payment
  3. Give your landlord a copy of the same receipt.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95048.

Topics:
Housing and property > Renting
Money and consumer rights > Banking and loans
Previous

20: Duties of chief executive in relation to bonds, or

“The boss of the rental office must safely keep the money you give as a bond and tell you and your landlord about it.”

Next

21A: Notification of changes of address to chief executive, or

“Telling the government when your name or address changes for your rental bond”

Part 2 Tenancy agreements
Key money, bonds, and rents

21Tenant may pay bond direct to chief executive with landlord's consent

  1. Notwithstanding anything in section 19 or section 20, but subject to subsection (2), any amount payable by way of bond may, with the consent of the landlord, be paid direct to the chief executive.

  2. Every such payment shall be accompanied by a statement of particulars in the approved form signed by the landlord and the tenant.

  3. Where any amount payable by way of bond is paid direct to the chief executive, the chief executive shall—

  4. deposit the money into the Residential Tenancies Trust Account:
    1. give to the tenant a written receipt showing—
      1. the address of the premises to which the payment relates; and
        1. the name of the landlord; and
          1. the name of the tenant; and
            1. the amount and nature of the payment; and
              1. the date of the receipt by the chief executive of the payment:
              2. give to the landlord a copy of the receipt issued in accordance with paragraph (b).

                Notes
                • Section 21: replaced, on , by section 4 of the Residential Tenancies Amendment Act 1992 (1992 No 79).
                • Section 21(2): replaced, on , by section 9 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
                • Section 21(2): amended, on , by section 17 of the Residential Tenancies Amendment Act 2010 (2010 No 95).