Not all living arrangements fall under New Zealand’s Residential Tenancies Act (the Act). The following types of tenancies are not covered by the Act:

Types of Arrangements Not Covered by the Act

• Boarders – Residents in a boarding arrangement (except in cases where the Act applies)
• Family members of the landlord – When tenants are relatives of the property owner
• Student accommodation – Includes halls of residence and student hostels (some exceptions apply; see Section 5B of the Act)
• Holiday homes – Properties rented for temporary holiday stays
• Hotels and motels – Short-term commercial accommodations
• Hospitals and rest homes – Health and aged-care facilities
• Commercial tenancies – Properties leased for business purposes
• Transitional and emergency housing – If funded by the government or provided under the Special Needs Grants Programme

Minors and the Act

A minor (under 18 years old) may not be legally bound by a tenancy agreement. If a landlord wants to enforce the agreement against a minor, they must apply to the Tenancy Tribunal, which will assess whether the agreement was fair and reasonable at the time it was made. The Contract and Commercial Law Act 2017 may also apply in such cases.

Flatmates and Tenancy Law

• If a homeowner rents out a room to someone while living in the property, that person is considered a flatmate, not a tenant.
• If a group rents a house together but some individuals do not sign the tenancy agreement, those individuals are considered flatmates, not tenants.

Since flatmates are not covered by the Act, their rights depend on the agreements they make with the named tenants.

Holiday Homes and Tenancy Law

The Act does not apply when a property is rented solely for holiday purposes (i.e., the tenant resides elsewhere and is only using the property temporarily).

If a property is being rented for an extended sabbatical or holiday, the landlord and tenant can choose to ‘contract in’ to the Act to clarify their legal rights.

Student Accommodation

Certain types of student housing, such as university halls of residence and student hostels, are exempt from the Act. These accommodations must have house rules, which providers must make accessible to students.

The New Zealand Qualifications Authority (NZQA) oversees the Code of Practice for Domestic Tertiary Students, ensuring fair treatment of student tenants.

Transitional and Emergency Housing

The Act does not apply to housing that is:

• Funded (partially or fully) by a government department
• Provided under the Special Needs Grants Programme

However, providers can choose to opt in by signing a written agreement with tenants specifying which parts of the Act will apply.

Tenancies That Are Covered by the Act

If a residential tenancy is not listed above or in Section 5 of the Act, it is most likely covered by the Residential Tenancies Act.

Bonds and Exempt Tenancies

• If a tenancy is not covered by the Act, any bond collected should not be lodged with Tenancy Services, as the standard dispute resolution process will not apply.
• If a bond has already been lodged for a tenancy not covered by the Act, Tenancy Services may contact the parties to arrange a refund.
• For sublet arrangements where neither party intends to live at the property, bonds may be returned to the original payer.

Need Help?

If you’re unsure whether your leasing arrangement falls under the Residential Tenancies Act, contact Synergy Property at contact@synergyproperty.co.nz or call 027 774 5680 for further assistance.