Education – Understanding your rental rights

Rental housing is one of the top three issues people come to the CAB about. Many clients want to understand their rights as tenants, or how to sort out a disagreement with a landlord or flatmate. As the law treats tenants, flatmates, and boarders differently, your rights depend on which category you fall into.

• The Residential Tenancies Act 1986 (RTA) only covers tenants, as well as boarding house tenancies and rent by the room arrangements.

• Flatmates and private boarders are not covered by the RTA. Their rights come from whatever is written in the flat sharing or private board agreement.

Tenants have full rights and responsibilities under the RTA and you can apply to the Tenancy Tribunal if you believe your rights are being breached. Visit www.cab.org.nz and search ‘What are my rights as a tenant?’

Periodic tenancy: A periodic tenancy has no set end-date. Tenants can end it by giving 21 days’ notice. Landlords can end it under certain conditions. They may give 90 days’ notice without giving a reason – known as a “no cause” termination. They may also give 42 days’ notice, but only for specific reasons set out in the Act.

Fixed term tenancy: A fixed term tenancy has a clear start and end date and runs for an agreed period. Usually, it cannot be ended early unless both parties agree or certain legal grounds apply.

Eviction and your rights: A landlord cannot evict you for standing up for your rights. If a landlord gives you notice because you exercised your legal rights, this is called retaliatory notice, and it is unlawful. Tenants can challenge retaliatory notices through the Tenancy Tribunal.

House or flat sharing agreements: If you’re moving into a flat, it’s a good idea to have a written flat sharing agreement. This should cover things like how rent and bond are paid, pets, cleaning, and what happens when someone wants to move out. Just as a tenancy agreement is a contract between a landlord and tenant, a flatsharing agreement is a contract between the tenants and flatmates living in the property. See Tenancy Services template at www.tenancy.govt.nz/starting-a-tenancy/flatting

Right to quiet enjoyment: Tenants have the right to quiet enjoyment of their home – meaning you should be able to live there without unnecessary disturbance. Landlords must give at least 24 hours’ notice before entering to carry out repairs or maintenance, and these should take place between 8am and 7pm. Tenants also need to respect the quiet enjoyment of neighbours and others in the building.

Your right to live in a healthy home: Next month, we’ll explain the Healthy Homes standards, and tenants’ rights and landlords’ obligations under the Healthy Homes Act 2017.

For more information and advice: www.cab.org.nz