Tenant Changes
OVERVIEW
A periodic or fixed term tenancy is a legally binding agreement between two parties and any changes must be agreed to by both parties.
A change of tenant may be done if all tenants named on the agreement agree to it and the landlord gives consent.
Tenants have the right to apply to the Tenancy Tribunal for early release of the whole tenancy under S.66 of the Residential Tenancies Act 1986, if they can prove severe hardship or unforeseen circumstances.
CONDITIONS
Real Property Management may give consent for a change of tenant with the following conditions:
A new tenant MUST NOT move into the property until ALL steps below have been completed, it is the responsibility of ALL tenants to ensure this happens.
The departing tenant will be required to cover all actual and reasonable costs associated with processing a replacement tenant and completing a tenancy agreement variation and will remain liable until the process has been completed in full.
Keys must not be given to a new tenant until all steps below have been completed.
TENANT CHANGE PROCESSES
Removing a Tenant
This process applies when one tenant wishes to be removed from the tenancy, with all other tenants remaining
- All remaining tenants must agree that a tenant can be removed and a consent form must be signed
- A tenancy variation will be prepared and sent to all parties for signing
- Once signed, the departing tenant will be officially released from the tenancy
- A change of tenant bond form will be sent to the departing tenant and once completed and returned to us, we will send this to the bond centre so they can update their records
- Any exchange of the bond itself is to be done internally.
Adding a Tenant
This process applies when all tenants agree that an additional tenant can be added to the existing tenancy
- A link will be provided so the new tenant can make an application
- If the applicant meets all criteria the application will be approved, and a tenancy variation will be prepared and sent to all parties for signing
Note: A copy of the original tenancy agreement will be provided and must be read before the variation is signed. This ensures the new tenant has a comprehensive understanding of all aspects of the agreement and what they are agreeing to
- Once signed, the new tenant can then move into the property
- A copy of the condition report will be sent to the new tenant, with the option to add changes or accept as it is
- If the new tenant is to be added to the bond, a change of tenant bond form will be sent to to all parties and once completed and returned to us, we will send this to the bond centre so they can update their records
- Any exchange of the bond itself is to be done internally.
Replacing a Tenant
This process applies when one tenants wishes to leave the tenancy and be replaced by another tenant
- All remaining tenants must agree to the change and on the nominated replacement
- A link will be provided so the replacement tenant can make an application
- If the applicant meets all criteria the application will be approved, and a tenancy variation will be prepared and sent to all parties for signing
Note: A copy of the original tenancy agreement will be provided and must be read before the variation is signed. This ensures the new tenant has a comprehensive understanding of all aspects of the agreement and what they are agreeing to
- Once signed, the new tenant can then move into the property and the departing tenant will be officially released from the tenancy
- A copy of the condition report will be sent to the new tenant, with the option to add changes or accept as it is
- Two forms are required to update the details with the bond centre:
- One to be completed and signed by the departing tenant
- One to be completed and signed by the continuing and new tenants
Once these forms are completed and returned to us we will send them to the bond centre so they can update their records
- Any exchange of the bond itself is to be done internally.
Important:
If we do not receive all completed change of tenant bond forms to submit to the Bond Centre, it is unlikely that they will refund the bond at the end of the tenancy.
Please do not hand over the bond to the departing tenant until all parts of the process have been completed.
TENANT CHANGE FEES
Below is a guide to the actual expenses that may be reasonably incurred when changing one tenant on a periodic or fixed term lease.
PROCESS APPLICATIONS | COST |
---|---|
Credit, background and reference check (includes our time and bureau fees) | $25.00 ea (incl GST) |
PREPARATION OF TENANCY DOCUMENTATION | COST |
---|---|
Administration add or remove a tenant in our system, prepare tenancy documentation, send to tenants for signing, send change of tenant bond form | $70.00 per hour |
All costs are GST inclusive.