Flatting in New Zealand — What the Law Actually Says

Flat-sharing is one of the most common living arrangements in New Zealand, especially in cities like Auckland, Wellington, and Christchurch. But the legal framework can be confusing — because the Residential Tenancies Act 1986 (RTA) treats different types of flat-sharing arrangements very differently depending on who signed the lease and how the agreement is structured.

Two Types of Flat-Sharing Arrangements

1. All Tenants on the Same Lease (Co-Tenancy)

When everyone signs the tenancy agreement together, each person is a co-tenant. This is the simplest and most legally clear arrangement.

·Each co-tenant has the same rights and obligations as the others

·Every co-tenant has a direct legal relationship with the landlord

·Joint and several liability applies — if one flatmate doesn't pay rent, the landlord can demand the full shortfall from any one of the remaining tenants

·Any one co-tenant can give notice to end the tenancy, which ends it for everyone (subject to proper notice periods)

2. Head Tenant and Subtenants

When one person signs the main lease with the landlord and then "sublets" rooms to others, the subtenant's position is weaker:

·The head tenant has the legal relationship with the landlord

·Subtenants have a legal relationship with the head tenant only — not the landlord

·The head tenant must get the landlord's written consent before subletting (under s16A of the RTA)

·If the head tenant's tenancy ends, subtenants may lose their right to stay — even if they've done nothing wrong

Key risk for subtenants: If the head tenant stops paying rent, the landlord can end the main tenancy and potentially evict all subtenants, even if subtenants paid their share to the head tenant.

Flatmate Agreements — Why You Need One

Even if you trust your flatmates, a written flatmate agreement protects everyone. It is not a legal requirement, but it is strongly recommended. It should cover:

·Rent split — how much each person pays and when

·Bond contribution — how much each person contributed to the total bond

·Bills — how shared expenses (power, internet, water) are divided

·Shared spaces — cleaning responsibilities and house rules

·Guests — overnight guests, long-term guests

·What happens if someone wants to leave — notice periods between flatmates, finding a replacement

·Personal property — what belongs to whom

You can create a free flatmate agreement template at tenancy.govt.nz or through Community Law Centres.

Bond — Who Pays What?

The landlord can charge a bond of up to 4 weeks' combined rent. Regardless of how flatmates split the bond internally, the bond is lodged as a single amount with Tenancy Services.

| Issue | What This Means Practically |

|-------|-----------------------------|

| Bond lodgement | Lodged as one amount — not split by flatmate |

| Deductions at end | Applied to the whole bond, not individual shares |

| Returning the bond | Tenancy Services pays to whoever the bond is registered to |

| Disputes | Flatmates can agree in writing on how the bond return is split |

Tip: Record each flatmate's bond contribution in your flatmate agreement. If one flatmate leaves early and wants their bond share back, they must either be replaced (and the new flatmate pays them directly) or all flatmates agree to a partial bond refund from Tenancy Services.

When a Flatmate Wants to Leave

This depends on whether you're a co-tenant or a subtenant arrangement.

Co-Tenants Leaving

·A co-tenant cannot simply "remove" themselves from the lease without the landlord's agreement

·You need to find a replacement, get the landlord's consent to assign the tenancy, and have the old tenant's name removed and the new tenant added

·The landlord cannot unreasonably withhold consent to an assignment

Subtenants Leaving

·A subtenant must give the head tenant reasonable notice (usually what's in the flatmate agreement, or at minimum what's in the RTA for periodic tenancies: 21 days for a fixed-term, 21 days for a periodic tenancy)

·The head tenant remains liable to the landlord for the full rent

When a Flatmate Won't Leave or Pay

This is one of the most common problems in flat-sharing situations.

If You Are Co-Tenants

You cannot evict a co-tenant yourself. Only the Tenancy Tribunal can order a co-tenant to vacate. Options include:

1.Apply to the Tenancy Tribunal for a termination order on the grounds of anti-social behaviour, non-payment of rent (to the co-tenants), or any other grounds under the RTA

2.All other co-tenants give notice to end the tenancy — this ends everyone's tenancy, but then you can re-sign a new tenancy without the problem flatmate (subject to landlord approval)

If You Are the Head Tenant

As head tenant, you can give a subtenant notice to end the sub-tenancy:

·14 days' notice for non-payment or serious breach

·21 days' notice for a periodic subtenant with no specific cause (where your agreement allows)

If the subtenant won't leave after notice, apply to the Tenancy Tribunal for a possession order.

Your Rights Against Landlord — Even as a Flatmate

Whether you're a co-tenant or a named subtenant, you are protected by the RTA in your relationship with whoever your landlord is:

·Healthy Homes Standards apply to your home regardless of flatting structure

·Your landlord (or head tenant, in a subletting arrangement) must give proper notice before entry

·You are entitled to quiet enjoyment of your room and shared spaces

·No one can remove your belongings or change the locks without a Tenancy Tribunal order

Practical Tips for Flatters

1.Always get it in writing — a flatmate agreement, even a simple one, saves arguments later

2.Photograph the property when you move in — document existing damage before it becomes your liability

3.Keep records of payments — rent, bond contributions, and bills paid

4.Understand your position — are you a co-tenant or a subtenant? This changes your rights significantly

5.Talk to Tenancy Services early — free advice at 0800 836 262 or tenancy.govt.nz

6.Community Law Centres offer free legal advice on flatting disputes — find your nearest at communitylaw.org.nz

Quick Reference — Key Facts for NZ Flatters

| Topic | Key Point |

|-------|-----------|

| Main law | Residential Tenancies Act 1986 |

| Co-tenancy liability | Joint and several — you can be liable for others' rent |

| Subletting | Requires landlord's written consent |

| Bond maximum | 4 weeks' combined rent |

| Tenancy Tribunal | Free/low-cost — handles all disputes |

| Notice to leave (periodic) | 21 days minimum |

| Entry notice | 48 hours for inspections, 24 hours for repairs |

LexNZ provides legal information only — not legal advice. For your specific situation, consult a qualified NZ lawyer or your local Community Law Centre.

Flatmate Agreements and Shared Tenancy Rights in NZ