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Mediation Rental Agreement

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What is a Mediation Rental Agreement?

The Mediation Rental Agreement is designed for use in New Zealand when parties wish to establish a formal rental arrangement that includes a built-in mediation framework. This document is particularly useful when there is a history of disputes or when parties want to proactively establish a clear dispute reΊμΠΣΦ±²₯ process. The agreement incorporates all standard rental provisions required under New Zealand law, including those mandated by the Residential Tenancies Act 1986, while also detailing the mediation process, mediator's role, and specific procedures for addressing disputes. It's commonly used in situations where parties want to ensure a smooth tenancy relationship with clear communication and dispute reΊμΠΣΦ±²₯ channels.

What sections should be included in a Mediation Rental Agreement?

1. Parties: Identification of all parties including landlord, tenant, and the appointed mediator

2. Background: Context of the rental situation and why mediation is being undertaken

3. Definitions: Key terms used throughout the agreement including property-specific and mediation-specific terminology

4. Property Details: Specific description and address of the rental property

5. Term of Tenancy: Duration of the tenancy, including start date and whether fixed-term or periodic

6. Rent and Bond: Rental amount, payment terms, bond details, and any review mechanisms

7. Mediator's Role and Responsibilities: Clear outline of the mediator's authority, duties, and limitations

8. Mediation Process: Steps and procedures for conducting mediation sessions

9. Rights and Obligations: Core responsibilities of landlord and tenant under NZ law

10. Maintenance and Repairs: Responsibilities for property maintenance and repair procedures

11. Dispute ReΊμΠΣΦ±²₯: Process for handling disputes during and after mediation

12. Termination: Conditions and process for ending the tenancy or mediation

13. Execution: Signing provisions and declaration of agreement by all parties

What sections are optional to include in a Mediation Rental Agreement?

1. Property Modifications: Used when specific alterations to the property are being negotiated

2. Special Conditions: For any unique arrangements agreed upon during mediation

3. Pets: Include when pets are part of the tenancy discussion

4. Sub-letting: Required if sub-letting is being considered or discussed

5. Cultural Considerations: Include when specific cultural practices need to be acknowledged and accommodated

6. Property Manager: Include when a property manager is involved in addition to the landlord

7. Break Clause: Optional early termination provisions if agreed during mediation

What schedules should be included in a Mediation Rental Agreement?

1. Schedule 1: Property Inventory: Detailed list of fixtures, fittings, and condition assessment

2. Schedule 2: Rent Payment Schedule: Detailed breakdown of rent payments and due dates

3. Schedule 3: Maintenance Schedule: Agreed timeline for regular maintenance and inspections

4. Schedule 4: Mediation Timeline: Planned schedule of mediation sessions and deadlines

5. Appendix A: Property Photos: Photographic evidence of property condition at start of tenancy

6. Appendix B: Mediation Rules: Detailed rules and procedures governing the mediation process

7. Appendix C: Required Notices: Copies of mandatory notices required under NZ tenancy law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ΊμΠΣΦ±²₯ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










Clauses



































Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Dispute ReΊμΠΣΦ±²₯

Property Investment

Rental Services

Relevant Teams

Legal

Property Management

Compliance

Operations

Dispute ReΊμΠΣΦ±²₯

Tenancy Services

Real Estate Operations

Risk Management

Document Control

Housing Services

Relevant Roles

Property Manager

Real Estate Agent

Tenancy Mediator

Legal Counsel

Housing Officer

Compliance Manager

Rental Administrator

Dispute ReΊμΠΣΦ±²₯ Specialist

Tenancy Tribunal Officer

Property Operations Manager

Leasing Manager

Real Estate Portfolio Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, Β Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, Β Severance Pay, Governing Law, Entire Agreemen

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