The Assignment Of Rental Agreement is a crucial document used in New Zealand when a tenant wishes to permanently transfer their tenancy rights and obligations to another person. This document is essential for situations such as early lease termination, relocation, or when a tenant needs to move before their fixed-term tenancy expires. It must comply with the Residential Tenancies Act 1986 and requires explicit landlord consent. The agreement typically includes details of all parties involved, the original tenancy terms, property information, bond transfer arrangements, and the specific date when the assignment takes effect. This document protects the interests of all parties by clearly defining the transfer of responsibilities and ensuring proper documentation of the change in tenancy.
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1. Parties: Identifies the current tenant (Assignor), the new tenant (Assignee), and the Landlord
2. Background: Outlines the existence of the original tenancy agreement, its key terms, and the intention to assign the tenancy
3. Definitions: Defines key terms used throughout the agreement including 'Original Tenancy Agreement', 'Assignment Date', and 'Property'
4. Assignment: The operative clause that legally transfers the tenancy from the Assignor to the Assignee
5. Assignee's Covenants: New tenant's commitments to comply with original tenancy terms and obligations
6. Assignor's Warranties: Current tenant's confirmation that rent is paid up to date and no breaches exist
7. Landlord's Consent: Documentation of the landlord's formal consent to the assignment
8. Effective Date: Specifies when the assignment takes effect
9. Bond Transfer: Arrangements for transferring the existing bond or establishing a new bond
10. Execution: Signature blocks for all parties and witness requirements
1. Condition of Premises: Used when there's a need to document the current state of the property at the time of assignment
2. Outstanding Repairs: Include when there are ongoing maintenance issues that need to be documented
3. Rent Apportionment: Required when the assignment occurs mid-payment period to clarify pro-rata payments
4. Utilities and Services: Include when there are specific arrangements for transferring utility accounts
5. Fixed Term Continuation: Needed when assigning a fixed-term tenancy to confirm the end date remains unchanged
6. Special Conditions: For any unique terms specific to this assignment that differ from the original agreement
1. Schedule 1 - Original Tenancy Agreement: Copy of the complete original tenancy agreement being assigned
2. Schedule 2 - Property Details: Detailed description of the rental property including address and any included chattels
3. Schedule 3 - Condition Report: Current property condition report with photographs if applicable
4. Appendix A - Bond Transfer Form: Official bond transfer documentation for the Tenancy Services
5. Appendix B - Proof of Identity: Copies of identification documents for the Assignee
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