Flat-sharing and the RTA

Our Experts Answer:

For the purposes of this answer, we have assumed this is a flat-sharing arrangement rather than a boarding house. Flat-sharing agreements between tenants and other flatmates are not covered by the Residential Tenancies Act. Flatmates’ rights depend on the arrangement they have with the tenant or home owner. This includes what may happen at the expiry of the agreement.

For the arrangement to be excluded from the RTA the premises must continue to be used predominantly as a residence (as a home) by the landlord or owner. If the landlord or owner is no longer using the place in this way then the arrangement may no longer be excluded. You need to discuss with everyone involved as to what the future living situation will be where the relationship has changed (i.e. the head tenant or property owner is no longer living at the premises and will not have rights to access the property freely as they would as a resident).

This may include opting into a residential tenancy agreement as tenant and landlord, or renewing the flat-sharing arrangement. If you consider the owner no longer uses the property as a place of residence, then you may apply to the Tenancy Tribunal to resolve the matter if you are unable to reach agreement with the owner.

For more information on flatting, go to tenancy.govt.nz/starting-a-tenancy/flatting/. You can also subscribe to our e-newsletter Tenancy Matters here.