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Co Tenancy Agreement Template for New Zealand

A Co-Tenancy Agreement is a legally binding document used in New Zealand to establish the rights, responsibilities, and obligations between multiple tenants sharing a residential property. This agreement operates under New Zealand law, particularly the Residential Tenancies Act 1986, and sets out terms for rent sharing, utilities, common area usage, maintenance responsibilities, and dispute resolution procedures. It provides a framework for managing shared living arrangements while protecting the interests of all co-tenants and ensuring compliance with New Zealand residential tenancy regulations.

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What is a Co Tenancy Agreement?

The Co-Tenancy Agreement is essential for situations where multiple individuals share a residential property in New Zealand. It is commonly used in shared housing arrangements, student accommodations, and professional house-sharing situations. The document establishes clear guidelines for financial obligations, living arrangements, and dispute resolution, while ensuring compliance with New Zealand's Residential Tenancies Act 1986 and related legislation. This agreement is particularly important as it defines individual responsibilities within a shared living environment, including rent payments, utility costs, maintenance duties, and common area usage. It helps prevent misunderstandings between co-tenants and provides a legal framework for resolving any disputes that may arise during the tenancy.

What sections should be included in a Co Tenancy Agreement?

1. Parties: Identification of all co-tenants who will be party to the agreement

2. Background: Context of the agreement, including property details and relationship to head lease

3. Definitions: Key terms used throughout the agreement

4. Term of Agreement: Duration of the co-tenancy arrangement, including start and end dates

5. Rent and Bond: Total rent, individual contributions, payment methods, and bond arrangements

6. Utilities and Expenses: Division of utility costs and shared expenses

7. Common Areas: Rights and responsibilities regarding shared spaces

8. Individual Rooms: Allocation and rights regarding private bedroom spaces

9. Maintenance and Cleaning: Responsibilities for property maintenance and cleaning duties

10. House Rules: Basic rules for peaceful cohabitation and property use

11. Guests and Visitors: Policies regarding guests and overnight stays

12. Termination and Notice: Process for ending the agreement or individual participation

13. Dispute Resolution: Procedures for resolving conflicts between co-tenants

14. Liability: Joint and several liability provisions and damage responsibilities

15. Execution: Signing section including date and witness provisions

What sections are optional to include in a Co Tenancy Agreement?

1. Pets: Rules regarding pet ownership - include when pets are allowed in the property

2. Parking: Allocation and rules for parking spaces - include when property has parking facilities

3. Storage: Allocation of storage spaces - include when property has shared storage areas

4. Subletting: Rules regarding subletting and temporary replacements - include when subletting might be permitted

5. Special Facilities: Rules for special amenities like gym, pool, or laundry - include when property has such facilities

6. Study/Work From Home: Rules for using common areas for work/study - include when co-tenants work from home

7. Smoking: Specific smoking rules and designated areas - include when smoking needs to be explicitly addressed

8. Relationship to Head Lease: Details of obligations under the main lease - include when property is sub-let

What schedules should be included in a Co Tenancy Agreement?

1. Schedule 1: Rent Schedule: Detailed breakdown of rent contributions and payment dates for each co-tenant

2. Schedule 2: Inventory: List of furniture and appliances in common areas and their condition

3. Schedule 3: Cleaning Roster: Detailed cleaning and maintenance schedule for co-tenants

4. Schedule 4: Contact Details: Full contact information for all co-tenants and emergency contacts

5. Appendix A: House Rules: Detailed house rules and guidelines for communal living

6. Appendix B: Property Floor Plan: Layout of the property showing common areas and individual rooms

7. Appendix C: Utility Account Details: Account numbers and payment procedures for shared utilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use

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