Lease Agreements for Residential Property
A residential lease is an agreement that gives a tenant the right to occupy a property for a set period, usually under the Residential Tenancies Act. It is very different from leasehold property, where you own the building but lease the land itself. Because lease and leasehold are often confused, this page explains the distinction and outlines what landlords and tenants should consider when entering into a lease.
People usually look for legal guidance when drafting a lease, managing disputes, dealing with bond and rent issues, or interpreting obligations around maintenance, access, privacy or termination.
Lease vs Leasehold
Tip:
If you are unsure whether a property is leasehold or simply rented, check the title. Leasehold arrangements appear on the record of title; residential leases do not.
Residential leases are contracts for the use and occupation of a home. Leasehold, by contrast, is a form of ownership where you own the improvements but pay ongoing ground rent for the land. The two concepts involve different legal frameworks, rights and risks.
Understanding this distinction helps avoid confusion when buying, selling or renting, especially in areas where both leasehold properties and standard rentals are common.
Common Issues With Residential Leases
Common pitfall:
Signing a lease without checking clauses on early termination or renewals, which can result in unexpected costs or long periods of obligation.
Disputes often arise around rent increases, bond deductions, access rights, maintenance responsibilities, and termination. Fixed-term leases can create challenges if either party wants to end the tenancy early, while periodic leases can lead to uncertainty about notice periods and changes in rent.
Other issues include misunderstandings about pets, subletting, insulation and heating requirements, and compliance with healthy homes standards.
What to Check Before Signing a Lease
Before committing to a lease, it’s important to review clauses on rent, bond, access, repairs, subletting, and the rules for ending the agreement. You should confirm who is responsible for maintenance, how inspections work, and what conditions apply to pets or additional occupants.
If anything is unclear or unusual, a lawyer can explain the implications and help you negotiate terms that reflect fair responsibilities for both parties.
Step 1
Rent & Bond Terms
Confirm rent amount, how often it can be reviewed, and whether the bond complies with legal limits.
Step 2
Maintenance Responsibilities
Clarify who handles repairs, how quickly issues must be addressed, and what happens if damage occurs.
Step 3
Access & Privacy
Understand the rules around landlord access, notice periods and inspection frequency.
Step 4
Termination Rules
Check notice periods, fixed-term obligations and whether early termination is allowed.
How to Choose a Lawyer for Lease Issues
Choose someone who regularly advises on residential tenancy law and who can translate legal terms into practical guidance. Ask about their experience with disputes, early termination issues, and negotiation of lease terms.
If your lease has unusual clauses, or if you anticipate disagreement with the other party, early legal advice can prevent escalation.
Find a Lawyer for Lease Matters
Explaining the terms of the lease, your role (landlord or tenant), and any current issues helps match you with lawyers who regularly handle residential tenancy work.
Need advice on a lease?
Tell us what stage you’re at and what the issue is. You’ll be matched with lawyers familiar with residential leases and tenancy disputes.
Frequently Asked Questions
What is a residential lease?
A residential lease (or tenancy agreement) is a contract giving a tenant the right to live in a property in return for rent. It sets out the responsibilities of both parties, including rent payments, maintenance, bond, access rights and conditions of termination.
How is a lease different from leasehold?
A lease is about occupying a property as a tenant. Leasehold is about owning a building while leasing the land beneath it from a separate landowner. Leasehold involves long-term ground rent and land ownership rules. A residential lease involves short- or long-term occupation rights only.
Do I need a lawyer to review a lease?
You are not legally required to use a lawyer, but legal review is sensible when a lease includes unusual terms, commercial use, longer fixed terms, disputes, or when you are unsure about your obligations as a landlord or tenant.
Who pays for repairs in a lease?
Landlords generally handle maintenance and repairs unless the tenant caused the damage. Disputes often arise when agreements don’t clearly define responsibilities or when access for repairs is contested.
Can a landlord increase rent at any time?
No. Rent increases must follow legal timeframes and notice periods. A lawyer can confirm whether an increase is lawful or whether a dispute can be raised.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Need help with a lease?
Whether you are a landlord or a tenant, you can describe your situation and we’ll match you with a lawyer who regularly handles residential lease agreements, disputes and compliance issues.