An Affidavit Of Non Tenancy serves as a crucial legal document within New Zealand's property and housing sector, typically required when there's a need to formally establish that no landlord-tenant relationship exists for a particular property. This document is commonly used in situations such as mortgage applications, property sales, or legal proceedings where proving the absence of a tenancy arrangement is necessary. The affidavit must comply with New Zealand's legal requirements, particularly the Oaths and Declarations Act 1957, and requires execution before an authorized person such as a Justice of the Peace or solicitor. It contains specific details about the property, the declarant's relationship to it, and a formal sworn statement confirming the non-existence of any tenancy arrangement. This document helps protect all parties involved by providing clear, sworn testimony about the occupancy status of a property.
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1. Title and Declaration Statement: Formal title of the document and opening declaration statement including the declarant's full legal name, occupation, and address
2. Property Details: Complete details of the property in question, including its full legal address and any relevant property identifiers
3. Nature of Occupancy: Clear statement of the declarant's relationship to the property and confirmation that no tenancy agreement exists
4. Period of Reference: Specific timeframe for which the non-tenancy declaration applies
5. Supporting Facts: Specific facts and circumstances that support the declaration of non-tenancy
6. Truth Declaration: Standard affidavit clause affirming that the contents are true and correct
7. Execution Block: Space for declarant's signature, date, and details of the authorized person witnessing the affidavit
1. Additional Occupants: Section to declare other individuals residing at the property and their relationship to the declarant, used when others are living at the property
2. Previous Arrangements: Details of any previous living arrangements or agreements related to the property, used when there's relevant history to disclose
3. Purpose of Affidavit: Explanation of why the affidavit is being made, used when the document is required for specific legal or administrative proceedings
4. Property Ownership: Details about the current owner of the property, used when relevant to establish the context of the non-tenancy situation
1. Identification Documents: Copies of the declarant's identification documents (e.g., passport, driver's license)
2. Property Documentation: Relevant property documents such as title deeds or property ownership records
3. Supporting Evidence: Any additional documentation supporting the non-tenancy claim (e.g., utility bills, correspondence)
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