Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

37: Vacant possession

You could also call this:

“The tenant gets to move in and have the place to themselves when the agreement says they can.”

When you rent a place to live, you have the right to move in and have full access to the place on the day your rental agreement says you can. This means the place should be empty and ready for you to use.

It’s important to know that when the law talks about the ‘premises’ in this case, it doesn’t include shared facilities. Shared facilities might be things like laundry rooms or parking areas that other people might also use.

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 It might be out of date or be missing some parts.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=DLM95080.

Topics:
Housing and property > Renting
Rights and equality > Privacy
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36: Legal impediments to occupation, or

“The landlord must make sure you can legally live in the house before you move in.”

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38: Quiet enjoyment, or

“The landlord must let you live in your rented home peacefully and comfortably without bothering you.”

Part 2 Tenancy agreements
Rights and obligations of parties

37Vacant possession

  1. The tenant shall have vacant possession of the premises on the date on which, in accordance with the tenancy agreement, the tenant is entitled to enter into occupation of the premises.

  2. In this section premises does not include facilities.

Compare
  • Residential Tenancies Act 1978–1981 s 44 (SA)