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Forms & resources

Flat/house sharing agreement

Flat/house sharing agreements between tenants and other flatmates are not covered under the Residential Tenancies Act 1986. Tenants and other flatmates will, however, find it useful to have a written agreement. This is an example of what could be included in an agreement.

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Starting a tenancy

Flatting

Flatting for the first time? It’s important to know the difference between tenants and flatmates, and how the law applies to you. Moving into your first flat can be exciting - and overwhelming. It's important to know your rights and responsibilities when you finally find your new home. The term ‘flatting’ is used to descri…

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Starting a tenancy

Tenancy agreements

… Making changes to a tenancy agreement Agreements with flatmates Tenancy agreements must be in writing. The landlord must give the tenant a copy…

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Who is protected under the Act

Who tenancy law protects

The Residential Tenancies Act applies if you’re renting a place to live in, except in certain cases. The Act protects landlords and tenants, but not flatmates. . The Residential Tenancies Act (the Act): covers the relationship between landlords and tenants outlines their rights and responsibilities provides a system for helping…

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Types of tenancies

Room-by-room tenancy

… tenants are covered under the Act but have different rights and responsibilities to room-by-room landlords and tenants. Boarding houses. It is also different to flatting, flatmates do not have a tenancy agreement with the landlord. Flatmates may however have a flatting agreement between themselves to outline their rights and responsibiliti…

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News 20 December 2023

Landlord has been ordered to pay exemplary damages

… were not compliant with boarding house rules under the RTA.  . The landlord failed to lodge bonds for multiple tenants, arguing that the people living at the property were flatmates, and not boarding house tenants. The case was heard by the Tenancy Tribunal, and the Tribunal was clear that the people living at the property were boarding house…

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Rent

Rent arrears and overdue rent

… the debt if the offending tenant does not. If someone else shares the house, but they are not named as a tenant on the tenancy agreement, they are likely to be a flatmate. Flatmates pay rent to the tenant. They are not part of the tenancy agreement, and they are responsible to the tenant, not the landlord. Difference between tenants and…

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Who is protected under the Act

Who tenancy law doesn't protect

Some types of living arrangements aren’t covered by tenancy law. Types of tenancies Residential Tenancies Act does not cover. flatmates boarders situations where the tenants are family members of the owner/landlord student accommodation (exceptions apply – see Section 5B of the Act) holiday homes hotels and motels hospitals and…

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New to renting

Information for new tenants

… time, make sure you enter an agreement that works for you. Find out what else you should know as a new tenant. . Understanding the difference between tenants and flatmates. It is important to know the difference between tenants and flatmates, and how the law applies to you.  . If you sign a tenancy agreement with a landlord…

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Market rent

Market rent explained

Market rent is the amount a landlord might reasonably expect to receive, and a tenant might reasonably expect to pay, for a tenancy. It needs to be similar to the rent charged for similar properties in similar areas. If a landlord charges significantly higher rent than the market rent, a tenant can apply to the Tenancy Tribunal to…

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