Cook Islands Islands

Rents: Can landlord and tenant in Cook Island agree to rents freely? The rental between the landlord and the tenant can be freely agreed. What rights do landlords and landlords have on Cook Island, in particular for contract duration and expulsion? مواضيع نقاش

The landlord and tenant are free, as they see fit, to negotiate a residential tenancy agreement over (few) statutory conditions. The Cook Islands residential tenancy law is neither pro-landlord nor pro-local. It is pro-negotiational because the law imposes minimum restrictions on the landlord and tenant but rather gives priority to the tenancy arrangements agreed by the respective parties.

In the Cook Islands, the use of written tenancy agreements is common practice. Standard terms include tenancy periods, rental, landlord and tenant obligations and covenants and termination notices.

If a tenancy agreement has been concluded, it shall be deemed by one month in writing to be a tenancy terminable (in the absence of any evidence to the contrary). A tenancy shall not last indefinitely unless both parties have agreed. The payment of rent does not guarantee an indefinite tenancy for either party.

The following covenants shall be implied in every land lease:

The Lessee shall pay the agreed rent.

The Lessee shall maintain the premises in good and tenable repair until the lease terminates.

In every land lease the following powers are implied by the Lessor:

Enter the premises at all reasonable times to see the repair status.

The power to rent in arrears by a court warrant.

When the rent is in arrears for a month, or if the lender has not done anything implied by law, or expressed in the tenancy agreement, the lender can enter the premises again.

Deposits

Common practice is to pay a 2 to 3 week obligation at the beginning of the tenancy. No maximum deposit is provided for by law.

How effective is the legal system of Cook Islander?

There is no tenancy court, or other such mediation forum for landlords/tenants on the Cook Islands, and there is no complaints procedure. Tenancy agreements shall be implemented by the courts. The landlord has the right to request an order from the High Court that the tenant vacate the premises for infringement of the tenancy agreement. Peace judges have jurisdiction over disputes of less than $3,000.

Legal effectiveness

The court system is not quick or slow.

Legislation

Sections 105 to 116 of the Property Law Act (1952) govern both leases and tenancies. There is a difference between a rental and a rental. The tenancy on the Cook Islands extends only to the premises (i.e. the landowner is not allowed to enter the building at will) while the land is rented.

Brief History: Recent changes to landlord and tenant law in Cook Islander

The tenancy law is very simple and underdeveloped on the Cook Islands, although now most landlords are opting to formalize arrangements in some form of written agreement. The Cook Islands recently adopted the Unit Title Law so we expect an evolution, as multi-story apartment complexes may be common in the future (there are no apartment-type multi-level complexes yet in the Cook Islands).