Free tenancy agreement template

Section 3(3) of the Law of Contract Act requires the agreement to be signed by all the parties, so the agreement has to say who they are with enough precision that a signature can be matched to a person. Section 55(1) of the Land Act applies the Act’s leasing rules to all leases unless the agreement itself says otherwise, so the terms below sit on top of it.

The premises have to be identified because the Landlord’s duty under section 65(1)(d) of the Land Act attaches to them: a dwelling house, flat or room must be fit for human habitation when the lease begins and must be kept fit throughout it. A duty about a place needs the place named.

Section 58 of the Land Act calls a lease of two years or less with no renewal option a short term lease. Such a lease may be made orally and is not a registrable interest in land — so the written agreement is not what makes the tenancy real. Section 57(1)(c) says that if the tenant stays on with the landlord’s consent after the term ends, the lease becomes a periodic one and its consistent terms carry on. Clause 4 states that outcome rather than leaving the parties to discover it.

Section 66(1)(a) of the Land Act implies a promise by the tenant to pay the rent at the times and in the manner the lease specifies, which is why the day and the method are stated rather than assumed. Section 65(1)(g) puts rates, taxes and other outgoings on the landlord except to the extent the lease says otherwise — so anything the tenant is to pay has to be written down here, or it stays the landlord’s.

No Act we hold sets rules for tenancy deposits, so this clause is a bargain between the parties and nothing more — we do not dress it up as a statutory right. What the law does fix is the limit of what can be deducted: section 66(1)(c) of the Land Act excuses the tenant from damage caused by reasonable wear and tear, by fire, flood, explosion or accident not caused by the tenant’s own negligence, by civil commotion, or by storm, lightning, earthquake or other natural disaster. Clause 8 is tied to clause 13 so the deposit cannot be used to charge for those.

Clauses 10 and 11 are not concessions the landlord is making. Section 65(1)(d) of the Land Act implies the habitability duty into every lease of a dwelling house, flat or room, and section 65(1)(c) implies the structural and common-parts duty where only part of a building is let. Clause 12 is the tenant’s matching duty under section 66(1)(e), to keep the buildings in a reasonable state of repair.

Clauses 13 and 14 restate the tenant’s promises that section 66(1)(c) and section 66(1)(b) of the Land Act imply into every lease, including the four excuses in section 66(1)(c) and the specific prohibition on cutting living trees. Clause 15 is a plain contractual term; no Act we hold requires it.

Seven days is not a number we chose. Section 65(2)(a) of the Land Act implies into every lease a power for the lessor to enter at a reasonable time on seven days’ notice, for inspection or for repairs that are the lessor’s to make, and in the same breath forbids unreasonable interference with the tenant’s occupation. Clause 18 is the quiet enjoyment covenant implied by section 65(1)(a).

Both clauses come from section 65(1)(e) of the Land Act, including the six-month point and the one month’s notice. Rent stops being payable in proportion to the damage — the tenant does not have to keep paying full rent for a home they cannot fully use, and does not have to ask for that.

Section 57(4) of the Land Act sets both halves of this: notice of not less than the period of the tenancy, and it must expire on one of the days on which rent is payable. The second half is the one most often missed — a month’s notice given mid-month does not expire mid-month. Clause 22 works it through for the commonest case so nobody has to.

Clause 23 is word for word the protection in section 75 of the Land Act, which begins "Notwithstanding anything to the contrary contained in the lease". 🔴 A landlord cannot shorten the thirty days by agreement, and a template that offered to would be handing someone an unenforceable clause. Clause 25 does the same job for section 76, which has effect "notwithstanding any stipulation or agreement to the contrary". Clause 24 states the rule in section 73(3) — accepting rent after the notice is not a waiver unless the landlord does something else showing they treat the lease as continuing. Section 73(1) is what gives the right of forfeiture in the first place.

Section 77(1) of the Land Act. It applies whether or not it is written down, and it also covers a tenant who cannot get possession at the start of the tenancy because of something the landlord or their agent did or failed to do. Writing it in means both sides know it before there is an argument.

There is a separate witness block for each party because section 3(3)(b) of the Law of Contract Act requires the signature of each party to be attested by a witness who is present when that party signs. One witness signing at the bottom does not satisfy it unless that person was present for both signatures. Section 3(6) defines an interest in land and makes "transfer" include a lease, which is why these formalities apply to a tenancy at all; the same subsection allows a signature to be made by an advanced electronic signature.

No suit shall be brought upon a contract for the disposition of an interest in land unless— (a) the contract upon which the suit is founded— (i) is in writing; (ii) is signed by all the parties thereto; and (b) the signature of each party signing has been attested by a witness who is present when the contract was signed by such party

Unless otherwise provided in a lease instrument, the provisions of this Part shall apply to all leases, other than leases governed by legislation relating to community land.

if any dwelling house, flat, or room is leased, that the house, flat or room is fit for human habitation at the commencement of the lease and shall be kept fit for human habitation during the lease

(1) A short term lease is a lease— (a) made for a term of two years or less without an option for renewal; (b) that is a periodic lease; and (c) to which section 57(2) applies. (2) A short term lease may be made orally or in writing. (3) A short term lease is not a registrable interest in land.

the lessee remains in possession of land with the consent of the lessor after the term of the lease has expired, then— (i) unless the lessor and lessee have agreed, expressly or by implication, that the continuing possession shall be for some other period, the lease shall be deemed to be a periodic one

to pay the rent reserved by the lease at the times and in the manner specified in the lease

to pay all rates, taxes, dues and other outgoings that are payable in respect of the leased land except to the extent otherwise specified in the lease.

to yield up the land and buildings in the same condition as they were when the term of the lease began, except that the lessee shall not be bound to repair damage or restore the land and buildings to the same conditions they were at the beginning of the lease if the damage or deterioration of the condition is caused by— (i) reasonable wear and tear; (ii) fire, flood or explosion or other accident not attributable to the negligence of the lessee, or the lessee’s invitees or employees; (iii) civil commotion; (iv) lightning, storm, earthquake, volcanic activity or other natural disaster

if only part of a building is leased, to keep the roof, all external and main walls and main drains, and the common parts and common installations and facilities, including common passages and walkways in a proper state of repair

to keep all buildings comprised in the lease in a reasonable state of repair.

to use any land in a sustainable manner and in accordance with any conditions imposed on the use of that land by the lease, or any written law … and, in particular, not to cut down, injure or destroy any living tree on the land unless the purpose for which the land has been leased cannot be carried out without so doing

either personally or by agents, enter, the leased land or buildings at any reasonable time and upon giving a seven days’ notice to the lessee for the purpose of inspecting the condition and repair of the premises, or for carrying out repairs and making good any defects that it is the lessor’s obligation so to do; but in the exercise of that power, the lessor shall not unreasonably interfere with the occupation and use of the land and buildings by the lessee

that so long as the lessee pays the rent and observes and performs the covenants and conditions contained or implied in the lease to be observed and performed on the lessee’s part, the lessee shall peaceably and quietly possess and enjoy the land leased during the term of the lease without any interruption from or by the lessor or any person rightfully claiming through the lessor

that if, the leased premises or any part of them are destroyed or damaged at any time— (i) by fire, flood or explosion or other accident not attributable to the negligence of the lessee, or lessee’s invitees or employees; (ii) by civil commotion; or (iii) by lightning, storm, earthquake, volcanic activity or other natural disaster, so as to make the leased premises or any part of it wholly or partially unfit for occupation or use, the rent and any contribution payable by the lessee to the outgoings on the premises or a just proportion of that rent of contribution according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the leased premises have been, once more, rendered fit for occupation and use; and if the leased premises have not been rendered fit for occupation and use within six months after their destruction or damage, the lessee shall have the option to terminate the lease after giving one month’s notice

A periodic tenancy may be terminated by either party giving notice to the other, the length of which shall be not less than the period of the tenancy and shall expire on one of the days on which rent is payable.

Notwithstanding anything to the contrary contained in the lease, no lessor shall be entitled to exercise the right of forfeiture for the breach of any agreement or condition in the lease, whether expressed or implied, until the lessor has served on the lessee a notice of not less than thirty days— (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach within such reasonable period as is specified in the notice; and (c) in any case other than non-payment of rent, requiring the lessee to make compensation in money for the breach

Subject to the provisions of section 76 and to any provisions to the contrary in the lease, the lessor shall have the right to forfeit the lease if the lessee— (a) commits any breach of, or omits to perform, any agreement or condition on his part expressed or implied in the lease

The acceptance by the lessor of any rent after the service of a notice of forfeiture under section 75 does not operate as a waiver of the lessor’s right of forfeiture unless the lessor has by any other positive act shown an intention to treat the lease as subsisting.

(1) A lessee upon whom a notice has been served under section 75, or against whom the lessor is proceeding, by action or re-entry, to enforce his right of forfeiture, may apply to the court for relief … (3) This section shall have effect notwithstanding any stipulation or agreement to the contrary and whether the lease is registered or not.

A lessee who is evicted from the whole or a part of the leased land or buildings, contrary to the express or implied terms and conditions of a lease, shall be immediately relieved of all obligation to pay any rent or other monies due under the lease or perform any of the covenants and conditions on the part of the lessee expressed or implied in the lease in respect of the land or buildings or part thereof from which the lessee has been so evicted.

"interest in land" means any estate in or charge over land, or any estate in or charge over the proceeds of sale of land; … "transfer" includes a mortgage, charge, lease, conveyance, assignment, assent, vesting declaration, vesting instrument disclaimer, release and every other assurance of property or any interest therein by any instrument other than a will or a codicil.