Subletting and Flatmates: What’s Allowed Under NZ Law

Property Managed Properly

In shared housing situations, confusion often arises about flatmates, subletting, and who’s legally responsible. This article clears it up for tenants and landlords alike.

Subletting vs Flatmates

  • Subletting is when the original tenant rents out the property to someone else and becomes their landlord.
  • Flatmates are additional occupants who share the space but are not part of the tenancy agreement.

Legal Requirements

  • Subletting requires the landlord’s written consent. If done without permission, the landlord can issue a breach notice or terminate the tenancy.
  • Adding flatmates doesn’t always require consent — but the tenant remains fully responsible for rent and any damage.

Risks for Landlords

Unauthorized subletting can:

  • Void insurance policies
  • Lead to over-occupation
  • Result in rent arrears or legal issues

Rentall’s tenancy agreements clearly address subletting and flatmates, ensuring all parties understand their rights and limits.

What Tenants Should Know

Always communicate with your property manager before making occupancy changes. Rentall works with tenants to assess requests fairly while protecting the landlord’s interests.

Need clarity on occupancy rules? Rentall can help – Contact us

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