40 Tenant’s responsibilities

(1)

The tenant shall—

(a)

pay the rent as and when it is due and payable under the tenancy agreement; and

(b)

ensure that the premises are occupied principally for residential purposes; and

(c)

keep the premises reasonably clean and reasonably tidy; and

(ca)

comply with all requirements in respect of smoke alarms imposed on the tenant by regulations made under section 138A; and

(d)

notify the landlord, as soon as possible after discovery, of any damage to the premises, or of the need for any repairs; and

(e)

on the termination of the tenancy,—

(i)

quit the premises; and

(ii)

remove all his or her goods from the premises; and

(iii)

leave the premises in a reasonably clean and reasonably tidy condition, and remove or arrange for the removal from the premises of all rubbish; and

(iv)

return to the landlord all keys, and security or pass cards or other such devices, provided by the landlord for the use of the tenant; and

(v)

leave in or at the premises all other chattels provided by the landlord for the use of the tenant.

(2)

The tenant shall not—

(a)

intentionally or carelessly damage, or permit any other person to damage, the premises; or

(ab)

cause or permit any interference with, or render inoperative, any means of escape from fire within the meaning of the Building Act 2004; or

(b)

use the premises, or permit the premises to be used, for any unlawful purpose; or

(c)

cause or permit any interference with the reasonable peace, comfort, or privacy of any of the landlord’s other tenants in the use of the premises occupied by those other tenants, or with the reasonable peace, comfort, or privacy of any other person residing in the neighbourhood.

(3)

Where the tenancy agreement specifies a maximum number of persons that may ordinarily reside in the premises during the tenancy, the tenant shall ensure that no more than that number ordinarily reside in the premises at any time during the tenancy.

(3A)

The following are declared to be unlawful acts:

(a)

a failure, without reasonable excuse, to quit the premises in contravention of subsection (1)(e)(i):

(b)

a contravention of subsection (2)(ab):

(c)

a contravention of subsection (2)(b):

(d)

a contravention of subsection (2)(c) in circumstances that amount to harassment of a tenant or a neighbour of the tenant:

(e)

a contravention, without reasonable excuse, of subsection (3).

(4)

Where any damage (other than fair wear and tear) to the premises is proved to have occurred during any tenancy to which this Act applies, it shall be for the tenant to prove that the damage did not occur in circumstances constituting a breach of subsection (2)(a).

(5)

In this section, unless the context otherwise requires, premises includes facilities.

Compare: 1952 No 51 s 116D; 1975 No 36 s 10; Residential Tenancies Act 1978–1981 ss 42, 43 (SA)

Section 40(1)(ca): inserted, on 1 July 2016, by section 12 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 40(1)(e)(iv): inserted, on 1 May 1996, by section 18 of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 40(1)(e)(v): inserted, on 1 May 1996, by section 18 of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 40(2)(ab): inserted, on 1 October 2010, by section 26(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 40(3): amended, on 1 October 2010, by section 26(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 40(3A): inserted, on 1 October 2010, by section 26(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 40(4): amended, on 1 October 2010, by section 26(4) of the Residential Tenancies Amendment Act 2010 (2010 No 95).