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 rest-homes
• commercial tenancies
• transitional and emergency housing that is funded (wholly or partly) by a government department or provided under the Special Needs Grants Programme.

Minors and the Act

Landlords may not be able to enforce the terms of the tenancy agreement against a minor (person under 18 years old).

The Contract and Commercial Law Act 2017 may apply(external link) – New Zealand Legislation

If a landlord wants to enforce the tenancy agreement against the minor, they will need to apply to the Tenancy Tribunal. The Tribunal will consider as part of its decision whether the tenancy agreement was fair and reasonable at the time the agreement was entered into.

Flatmates

If a homeowner finds someone to live in their house with them and rents a room to them, that person is a flatmate. Their living arrangement isn’t covered by the Act.

If a few people rent a house together but some of them don’t sign the tenancy agreement, those who don’t sign aren’t tenants. They’re considered flatmates and their living arrangement isn’t covered by the Act.

Flatting has more on the difference between tenants and flatmates.

Holiday homes

The Act doesn’t apply when the house is being rented for the tenant’s holiday purposes. In other words, the tenant actually lives somewhere else and is just staying in the house for a holiday.

Typically, holiday houses are let for short periods. If the homeowner wants to let their home to someone who wants it for a lengthy sabbatical or holiday, they could elect to ‘contract into’ the Residential Tenancies Act to avoid any doubt about whether the Act applies to their arrangement.

Who is protected under the Act has more information about ‘contracting into’ tenancy law.

Student accommodation

The Act does not apply to certain types of student accommodation, such as halls of residence and student hostels. In these situations, the accommodation provider must have house rules. The accommodation provider must make sure the student tenants are aware of and have access to copies of the house rules.

The New Zealand Qualifications Authority administers the Code of Practice for Domestic Tertiary Students.

Transitional and emergency housing

Transitional and emergency housing is exempt from the Act where the housing is:

• funded (wholly or partly) by a government department, or
• provided under the Special Needs Grants Programme. 

Special Needs Grants Programme(external link) — Work and Income

Providers of transitional and emergency housing will still be able to opt in to all or parts of the Act by agreeing in writing with the tenant about which parts will apply.

Tenancies that are covered under the Residential Tenancies Act

If a residential tenancy isn’t one of the types mentioned above or in section 5 of the Act, then it’s most likely covered by the Act.

Who tenancy law protects has information about who is covered by the Act.

Tenancies exempt from Residential Tenancies Act

Some tenancy arrangements that fall outside of the Residential Tenancies Act 1986 (the Act) do not require the lodgement of bonds that are taken.

• There are several tenancy situations that are outside the scope of the Act. This includes emergency or transitional housing, leasing of spaces that aren’t part of a residential tenancy, such as a garage, car park, shed, etc.
• If your arrangement is not covered by the Act then any money taken as a bond should not be lodged with Tenancy Services, as this may create difficulties with getting the bond back, as the framework for processing refunds and resolving disputes will not apply.
• If you have lodged a bond with Tenancy Services and your arrangement is not covered by the Act, we may get in touch with you to organise a return of these funds.
• If your arrangement is not covered by the Act but you wish to contract in, seek independent legal advice about this.
• Bonds that relate to a sublet arrangement where neither of the contracting parties intend to reside at the property may be returned.

If you are unsure if your leasing agreement falls under the Act,  contact Tenancy Services

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Find out more information on bonds