Rental as registered office address

Question from Pearl updated on 6th May 2019:

My New Zealand tenant has just registered our rental property as their New Zealand business address. Is this permitted without our written permission?

Our expert Jennifer Sykes responded:

In responding to your question, I have assumed you mean the rental address is being used as a ‘registered office address’ for the purposes of the Companies Register. The tenant needs to make sure that any use of the premises is primarily for residential rather than business purposes.

If a tenant wants to use their rental property as their company’s registered office address, then this is allowed and doesn’t require landlord permission. Any business activities on the premises must be lawful, and the tenant must continue to meet their responsibilities under the Residential Tenancies Act (RTA), such as ensuring they do not interfere with the reasonable peace, comfort and privacy of their neighbours.

The use of the property for a particular business activity must also comply with building law, local bylaws, council zoning and land use requirements. If you have any concerns about compliance with these requirements you can contact the local council.

For more information on permitted activity under the RTA and what conditions can be included in a tenancy agreement, go to www.tenancy.govt.nz. You can also subscribe to our e-newsletter Tenancy Matters here.  

The Ministry of Business, Innovation and Employment provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

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