How does subletting affect a tenancy agreement?

Robert asks:
(updated on Friday, December 11th 2009)

If a tenant sublets with permission of owner to other persons but fails to inform the new tenants that it is a subtenancy and in fact implies that he is the owner what is the legal standing of the tenancy agreement. Cheers.

Our Experts Answer:

In this situation the tenancy agreement may still be valid, as landlords are not specifically required to advise tenants who is the owner of the premises. However, landlords and tenants may apply to the Tenancy Tribunal to have a tenancy agreement set aside if it appears the agreement was induced by fraud, misrepresentation or mistake.

I suggest you discuss this matter with your landlord, and if you cannot reach an agreement you can apply to the Tenancy Tribunal to resolve the matter. To discuss your situation further, or for advice about applying to the Tenancy Tribunal, you can contact the Department of Building and Housing on 0800 TENANCY (0800 836 262).

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

 

 

Most Read

Unity First Home Buyer special 3.99
SBS FirstHome Combo 3.99
TSB Special 4.39
Co-operative Bank - First Home Special 4.39
ICBC 4.39
SBS Bank Special 4.49
Unity Special 4.49
ANZ Special 4.49
Westpac Special 4.49
Kiwibank Special 4.49
Co-operative Bank - Owner Occ 4.49
ICBC 4.59
ANZ Special 4.69
TSB Special 4.69
BNZ - Std 4.69
Wairarapa Building Society 4.79
Nelson Building Society 4.87
Westpac Special 4.89
Co-operative Bank - Owner Occ 4.89
Kiwibank Special 4.89
SBS Bank Special 4.89
Unity Special 4.89
ICBC 5.19
Westpac Special 5.29
TSB Special 5.29
BNZ - Std 5.29
SBS Bank Special 5.69
Co-operative Bank - Owner Occ 5.69
Kainga Ora 5.69
ASB Bank 5.69
AIA - Go Home Loans 5.69
Kiwibank Special 5.79
Westpac 5.89
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 3.95
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank 5.75
Unity Standard 5.79