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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

39: Responsibility for outgoings

You could also call this:

"Who pays for expenses like rates, power, and water in a rental property?"

Illustration for Residential Tenancies Act 1986

You are a tenant or a landlord. The landlord pays for outgoings that happen whether or not you are living in the premises. The landlord also pays for outgoings for common facilities. This includes the general rate payable in respect of the premises, as defined in section 13 of the Local Government (Rating) Act 2002. You, as the tenant, pay for outgoings that are only because of you living in the premises. This includes things like electricity and gas, and telephone and Internet. You also pay for water if it is charged based on how much you use. The premises include facilities that are only for your use. The landlord pays for other outgoings, like insurance premiums and body corporate levies. You and the landlord have different responsibilities when it comes to outgoings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95084.

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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

"Your responsibilities as a tenant: paying rent, keeping the place clean, and following rules"

Part 2Tenancy 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).