Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

39: Responsibility for outgoings

You could also call this:

“The landlord pays for general costs, while the tenant pays for things they use themselves.”

As a tenant, you need to know about who pays for what in your rented home. The landlord has to pay for some things, and you have to pay for others.

Your landlord must pay for things that are needed whether someone is living in the place or not. They also have to pay for anything that’s shared with other tenants. This includes the general rate (a kind of tax) on the property, insurance for the building, and any fees for apartment buildings.

You, as the tenant, have to pay for things that are only because you’re living there or using the facilities. This means you’re responsible for paying the electricity and gas bills, your phone and Internet bills, and sometimes the water bill if it’s based on how much you use.

When the law talks about the ‘premises’, it means the place you’re renting and any facilities that only you can 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 It might be out of date or be missing some parts.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=DLM95084.

Topics:
Housing and property > Renting
Money and consumer rights > Consumer protection
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38: Quiet enjoyment, or

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

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40: Tenant's responsibilities, or

“This explains what you need to do and what you can't do when you rent a house or flat.”

Part 2 Tenancy agreements
Rights and obligations of parties

39Responsibility for outgoings

  1. The landlord is responsible for all outgoings in respect of the premises that—

  2. are incurred whether or not the premises are occupied; and
    1. are incurred for common facilities.

      1. Without limiting the generality of subsection (1), the landlord is responsible for the cost of—

      2. the general rate (within the meaning of section 13 of the Local Government (Rating) Act 2002) payable in respect of the premises; and
        1. insurance premiums payable in respect of the premises; and
          1. any body corporate levies payable in respect of the premises.

            1. The tenant is responsible for all outgoings in respect of the premises that are exclusively attributable to the tenant’s occupation of the premises or to the tenant’s use of the facilities.

            2. Without limiting the generality of subsection (3), the tenant is responsible for the following charges, incurred during the tenancy, in respect of the premises:

            3. electricity and gas:
              1. telephone and Internet:
                1. supply of water if the water supplier charges for water provided to the premises on the basis of consumption.

                  1. In this section, premises includes facilities that are exclusively for the use of the tenant.

                  Notes
                  • Section 39: replaced, on , by section 25 of the Residential Tenancies Amendment Act 2010 (2010 No 95).