The Change Of Tenant Lease Addendum is a crucial document in New Zealand's residential tenancy framework, designed to facilitate and document the formal process of changing tenants in an existing lease agreement. This document becomes necessary when one or more tenants need to be replaced while keeping the lease active, such as in flatting situations or when tenants need to leave before the lease end date. It ensures compliance with the Residential Tenancies Act 1986 and protects all parties' interests by clearly documenting the change, addressing security deposits, and maintaining the continuity of lease obligations. The addendum includes essential details about incoming and outgoing tenants, effective dates, financial arrangements, and any specific conditions related to the change, while ensuring all remaining terms of the original lease remain in force.
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1. Parties: Identifies all parties involved: the landlord, existing tenant(s) departing, remaining tenant(s) if any, and new incoming tenant(s)
2. Background: References the original lease agreement, its date, property address, and explains the reason for the addendum (change in tenants)
3. Definitions: Defines key terms used in the addendum, including references to the Original Lease, Effective Date, and relevant party definitions
4. Consent to Change: Formal statement of the landlord's consent to the tenant change and acknowledgment from all parties
5. Effective Date: Specifies when the change of tenant becomes effective
6. Continuing Obligations: Confirms that all other terms and conditions of the original lease remain in force
7. Security Deposit Arrangements: Details the handling of the existing security deposit and arrangements for the new tenant's deposit
8. Rent and Payment Obligations: Confirms the rent amount and payment arrangements going forward
9. Execution: Signature blocks for all parties including witnesses if required
1. Assignment of Responsibilities: Used when specific responsibilities need to be transferred or reassigned between outgoing and incoming tenants
2. Condition Report Update: Include when there's a need to document the property condition at the time of tenant change
3. Utilities and Services Transfer: Required when arrangements for utilities and services need to be modified
4. Outstanding Payments: Include when there are any outstanding rent or charges that need to be addressed
5. Keys and Access Devices: Used when there are specific arrangements for transferring keys and access devices
6. Special Conditions: Include when there are any unique circumstances or conditions specific to the tenant change
1. Schedule 1 - Original Lease Agreement: Copy or reference to the original lease agreement being modified
2. Schedule 2 - Property Inspection Report: Updated condition report if completed at time of tenant change
3. Schedule 3 - Outgoing Tenant's Statement: Statement confirming the outgoing tenant's obligations and any arrangements made
4. Appendix A - New Tenant Details: Detailed information about the new tenant including contact details and references
5. Appendix B - Security Deposit Receipt: Documentation of security deposit arrangements and transfers
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