Tenancy agreement privacy?
Question from Invester 27 updated on 21st October 2014:
Hi, I have taken on a property manager and asked him to send me copies of all tenancy agreements and paperwork. He says that he can't as he is listed as the landlord on the new agreements and therefore due to the privacy act can't supply me the paperwork. I called DBH and they confirmed to me that it should state on the agreement 'his name acting on behalf of my name', then my name on the agreement and I can have copies to see the terms of tenancy agreements and rates charges etc. He said he needs this in writing from DBH to cover himself. Any comments or clarification would be appreciated. Thank you.
Our expert Alan Bruce responded:
The Residential Tenancies Act 1986 (the Act) applies to the relationship between landlords and tenants, and includes a provision requiring landlords to provide the tenant with a copy of the tenancy agreement before the tenancy commences. As the relationship between a property owner and their property manager is not covered under the Act, you may wish to examine the contract you have with your property manager, and seek independent legal advice about it. You may also wish to seek further information from the Office of the Privacy Commissioner on 0800 803 909 (www.privacy.org.nz). Where there is a property management authority in place, it is a matter for the owner of the rented premises and their elected property manager to agree on as to which parties are to be listed on the tenancy agreement. For further information regarding landlord and tenant rights and responsibilities, you can visit our website (www.dbh.govt.nz), or you can speak to a member of our Tenancy Advice team by calling 0800 TENANCY (0800 836 262), between 8.00am-5.30pm Monday to Friday.The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.