Is It Legal Where?

Reference · Jurisdiction

New Zealand’s rules on advertised rent and rental bidding

For an ordinary residential tenancy covered by New Zealand’s Residential Tenancies Act, the landlord must state the rent in the advertisement or offer. The landlord cannot ask applicants to offer more. Tenancy Services says a landlord may accept a genuinely voluntary higher offer.

Sources checked

From listing a price to receiving an offerNew Zealand residential rent advertisements and bids by scenario
  1. 01
    State the rent

    List the rent amount for an ordinary covered residential tenancy. Source 1

  2. 02
    Avoid asking for higher offers

    Landlords cannot invite or encourage offers above the stated amount. Source 2

  3. 03
    Assess how a higher offer arose

    A landlord may accept a voluntary offer that the applicant made without invitation or encouragement. Source 3

Start with the stated rent. When an applicant offers more, check who prompted the offer.

Source 1 Source 2 Source 3

The rent amount belongs in the offer

Section 22F requires the rent amount in an advertisement or other offer of a covered residential tenancy. A listing that simply invites people to make their own rent offers omits that information. Tenancy Services identifies a service tenancy as an exception to the stated-price requirement. Source 1 Source 3

The landlord’s conduct matters after the listing goes live

Section 22G prohibits inviting or encouraging a prospective tenant or another person to offer more than the amount stated. Tenancy Services gives two examples, running a rental auction and telling an applicant they can have the property if they agree to pay more. Source 2 Source 3

A voluntary higher offer is allowed

Tenancy Services says a prospective tenant or another person may offer more voluntarily, and the landlord may accept. If there is a question about how the offer arose, the original advertisement and messages can show the price and whether anyone acting for the landlord requested a higher offer. Source 2 Source 3

The rent amount and the timing of payment follow separate provisions

After agreeing rent, the parties need to record how it is paid in the tenancy agreement. Tenancy Services explains the general limit of two weeks’ rent in advance and separate treatment of some service tenancies. The bidding rules deal with how the price is advertised and sought. Source 3

Sources

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