In a service tenancy, an employer provides accommodation for a worker to live in during their employment.
All service tenancies need a written tenancy agreement. Even if the tenant doesn’t pay rent, it’s still a service tenancy.
The tenancy agreement can sometimes be part of the employment contract; but it’s better if they’re separate.
Residential tenancy agreement template
The Residential Tenancies Act covers service tenancies. All the standard rules apply, except for a couple of differences.
To understand the basics download the Service Tenancy guide. [PDF, 743 KB]
Rent can be deducted from the tenant’s wages
The landlord may take the rent directly from the tenant’s pay each week or fortnight. They can only do this if:
- the tenant agrees;
- it is in the employment contract; or
- it complies with employment law.
If there is a longer pay period (eg, due to a holiday) the landlord can deduct the rent for that same longer period.
Ending a service tenancy
A service tenancy normally ends when the tenant’s employment ends. The notice period is different to other tenancies.
Giving notice to end a service tenancy
Other legal obligations
Employee rights (Employment New Zealand)(external link)