EM bail to rental property?

Don & Deb asks:
(updated on Friday, August 02nd 2019)

Recently we rented one of our properties to three people who are all listed on the tenancy agreement. We reference and credit checked them. A few months into their fixed term tenancy we have discovered that a relative has been bailed with an electronic monitoring device to our property - ie he cannot leave the property. Is it a fact that the courts and/or Dept of Corrections can do this without checking or asking the property manager or owner?

Our Experts Answer:

Electronic monitoring on bail (EM bail) to a rental property is not covered in the Residential Tenancies Act. The Department of Corrections would be able to advise on their process for approving a property for EM bail. There is some information on their website (www.corrections.govt.nz), and we also suggest contacting the Probation Service of the Department of Corrections for more detail.

You have mentioned that the tenancy agreement has three named tenants. If there is a clause in the agreement that occupancy is limited to three people only, the tenants would be in breach of the Act. In this circumstance you can provide written notice to the tenants outlining the breach and provide them with 14 days to remedy the breach. If there is no such clause, the person on EM bail would be considered a boarder or flatmate.

For more information on tenancy agreements, notice to remedy and breaches of the Act go to www.tenancy.govt.nz. You can also subscribe to our e-newsletter Tenancy Matters here.  

Heartland Bank - Online 1.99
The Co-operative Bank - First Home Special 2.09
HSBC Special 2.25
ICBC 2.25
HSBC Premier 2.25
Kainga Ora - First Home Buyer Special 2.25
AIA 2.29
TSB Special 2.29
The Co-operative Bank - Owner Occ 2.29
SBS Bank Special 2.29
Westpac Special 2.29
Heartland Bank - Online 2.35
ICBC 2.35
HSBC Premier 2.35
TSB Special 2.49
SBS Bank Special 2.49
The Co-operative Bank - Owner Occ 2.59
BNZ - Classic 2.59
ASB Bank 2.59
AIA 2.59
China Construction Bank Special 2.65
Kiwibank Special 2.65
HSBC Premier 2.89
TSB Special 2.99
AIA 2.99
Westpac Special 2.99
ICBC 2.99
ASB Bank 2.99
China Construction Bank Special 2.99
BNZ - Classic 2.99
SBS Bank Special 3.19
Kiwibank Special 3.19
The Co-operative Bank - Owner Occ 3.19
Heartland Bank - Online 2.50
Resimac 3.39
Kiwibank - Offset 3.40
Kiwibank Special 3.40
Kiwibank 3.40
Bluestone 3.49
Select Home Loans 3.49
ICBC 3.69
The Co-operative Bank - Standard 4.40
The Co-operative Bank - Owner Occ 4.40
Kainga Ora 4.43