Letting fee refund?

Our Experts Answer:

The Residential Tenancies Act applies only to the relationship between tenants and landlords. It does not cover the relationship between tenants and other tenants (those who are named as tenants on the tenancy agreement), or tenants and flatmates (those who are not named as tenants on the tenancy agreement). All tenants named on a tenancy agreement are jointly and individually responsible for the tenancy. So if your niece was a named tenant, she may wish to check with the landlord that her name has been formally removed from the tenancy agreement.

Any disputes between flatmates and tenants, such as return of any monies paid to the head tenant for the letting fee, are not covered by the Act. If your niece was a flatmate (not named on the tenancy agreement) then she will need to seek independent advice from places such as a local community law centre, or the local Citizen’s Advice Bureau regarding available options for resolution, which may include the Disputes Tribunal. For more on the rights and responsibilities of landlords and tenants, go to www.tenancy.govt.nz.