House-sitting vs sub-letting

Our Experts Answer:

Under the Residential Tenancies Act a tenant cannot assign, sublet, or part with possession of the premises without the landlord’s written consent. In some tenancy agreements this may be prohibited. A “house-sitting” situation where no payment is received is not covered by the RTA and would not generally be viewed as sub-letting. If payment is received for the use of the premises while you are not occupying it then this would be sub-letting, even where it is only for a short time.

As a tenant you are allowed to invite people into your house to stay with you or to house sit, but you are responsible for anything they do while they are there. If you are planning to go away for a long period of time, you should consider informing your landlord and your own insurer (if any) as it may have implications for any insurance they or you hold in relation to the property.

For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz or subscribe to our e-newsletter Tenancy Matters here.