1. Plan

Plan your departure. Leaving home means more independence and more freedom. It also means more responsibilities and it can be expensive, lonely and can lead to bad experiences. Planning is very important; “crashing” on a friend’s floor is a short-term option only. It would not be comfortable or private and if you overstay your welcome or don’t pay your way it could mean the end of your friendship. Save enough before you leave to set yourself up.

You will need money for board or rent, bond, power, phone, food and travel expenses. Decide when, how and with whom to make the break. If you do not have a job or money from your family you will need to check if you can claim any benefits. Go to your local Department for Work and Income New Zealand office to see if you are entitled to any benefits, or contact them by telephone on 0800 559 009 or website www.workandincome.govt.nz or Deaf-Link Free Fax 0800 621 621.

What can I take?

• personal clothing etc.
• anything you have bought with your own money.
• anything bought especially for you eg. bike, radio.
• any personal documents such as your passport, driver’s licence, birth certificate.
• any hire purchase or layby items in your name.

What can’t I take?

• any property that is owned by your parents or another family member.
• anything attached to or built into the house - fitted carpets, built in furniture etc.

Grey areas

The law is unclear about some types of property eg. furniture and furnishings in your bedroom - pillows, sheets, blankets etc. If your parents and you cannot agree about what you should or should not take, go and speak to the people at the Disputes Tribunal. They will explain to you that you can make a claim and may help you fill out the application form.

This only costs $30 if the disputed debt is less than $1000, $50 for claims between $1000 and $5000, and $100 for claims over $5000. You can only make a claim over $15,000 if both sides agree. The Disputes Tribunal is in the same building as your local District Court and their address and telephone number in the telephone directory.

2. Take Action

Find a good place to live.

Options include:

Living with Relations

Could be good and reasonably cheap, but you might not have the independence you want. Check out the ground rules first, so you know what will be expected of you.

Boarding

Full board means all your meals are provided and part board means that only some or no meals are provided. Normally your washing and ironing are done for you and you are not expected to do housework, but you should discuss this with the landlord or landlady before moving in. Buy a rent book from a bookshop and get the landlord to sign it each time you pay.

The landlord should give you notice if they want to increase the amount of board you pay. If they want you to leave they should give you whatever notice you agreed upon when you moved in. If no agreement was made the landlord should give you a “reasonable” period to arrange to leave. In general the period should not be shorter than a week (if you pay your board weekly) or a fortnight (if you pay your board fortnightly). Keep a written signed record of any agreements you and the landlord have made in the rent book. If your landlord lives in the house or flat you may not have any legal protection. You should contact your local Tenancy Services office.

Renting a flat or a house

Think about:

• is the flat/house value for money?
• can you afford it?
• is it in good condition? (Look for damp on walls and ceilings)
• is it furnished or partly furnished?
• how many appliances such as fridges, washing machines do you have to buy?
• do the appliances work?
• how much is the bond?
• how much is the first rent payment in advance?
• will you be charged for water?
• is it close to the shops, supermarkets, work or public transport if you don’t have a car?
• can you have a pet?
• how many others can share the flat/house with you?
• do the windows and doors lock?

Signing an Agreement

In all cases after 1 December 1996 you are required to have a written tenancy agreement.

A tenancy agreement must contain the following information:-

• how much the rent is
• when the rent is to be paid
• how much the bond is
• the term of the lease
• whether metered water is to be charged
• the bank account or address the rent is to be paid to
• full contact address of the tenant if different from the tenancy address
• full name and contact address of the landlord
• the physical address of the rental premises
• date of the tenancy agreement, including the start date
• whether the tenant is under 18 years of age
• who’s responsible for repairs
• details of any special conditions eg. mowing lawns, cleaning the outside of the flat
• who’s responsible for the lawns and garden
• how much notice the tenant has to give when s/he wants to leave
• how much notice the landlord has to give when s/he wants the tenant to leave
• a list of the landlord’s furniture and chattels together with a record of any damage or defects.

The Residential Tenancies Act gives you protection for your rights, even if there is something different in the agreement you sign. For example, the landlord must give you no shorter notice to leave than what the Act says (usually 90 days but this period can be reduced depending on the circumstances). If you break your agreement in some way, the landlord will have to apply to the Tenancy Tribunal to make you leave.

The landlord should have a written agreement for you to sign. If they do not, you should tell them that Tenancy Agreement Forms are available from the Tenancy Services office. If you want someone to look at your agreement to see if it is fair before you sign it go to your local Citizens Advice Bureau, Tenancy Services office or a community law centre. The landlord is required to provide you with a copy of the tenancy agreement before the tenancy commences. Any change in your details must be provided to the landlord within 10 working days of the change.