Is A House Sitter A Tenant?

[Perry]

If so, why?
If not, why?
What criteria are involved?

[eri]

would have thought

money paid

critical

[Perry]

What if the sitter has to pay the electricity bill for his/her usage?

[eri]

without a 'tenancy'

wouldn't have thought they were a tenant

and the definition of a tenant seems to start with the payment of rent

imho paying for power, water, internet, insurance etc shouldn't be enough to establish a 'tenancy'

afaik

flatmates, airbnb, hotels etc

all charge a form of 'rent'

without establishing tenancies

have you called the tenancy line and asked them?

[eri]

have a room set aside for someone else's use, sign a TA with them if room isn't set aside for you the owner

the sitter then becomes a flatmate

and the tenancy hasn't been established with them

Flatmates are not covered by the Residential Tenancies Act 1986, which only covers tenants and landlords.

This means the rights of flatmates are not as clear cut.

Tenants are responsible to the landlord for the whole of the rent and any damage done, not just their own share.

If one (or more) tenant signs the tenancy agreement and then allows you to share the flat, you are likely to be a flatmate.

Flatmates are people who are living in the property but are not part of the tenancy agreement.


A flatmate lives with the person they pay rent to (ie the tenant).

Flatmates are not responsible to the landlord for the rent and the state of the property.
Instead they are responsible to the tenant for their share of the rent.

https://www.tenancy.govt.nz/starting-a-tenancy/flatting/

[Anthonyacat]

They're closer to a squatter than a tenant. Don't know how NZ law deals with squatters, but in the UK they get a heck of a lot of rights!

[Perry]

Right. But a squatter is not usually there by arrangement / invitation of the property owner, I imagine.

The flatmate idea is a good thought, too.

[eri]

the uk had/has? a special squatter law

that very, very few, if any, western democracies have

[Learning]

Right. But a squatter is not usually there by arrangement / invitation of the property owner, I imagine.

Isn’t that the difference between a trespasser and a squatter? A trespasser is uninvited and a squatter out stays their welcome.

[Perry]

Well, that's a bit esoteric, for me.

A house sitter, in NZ, is usually there by agreement.

But, at what point, if any, does a house sitter cease to be a house sitter and become a tenant?

[Keys]

When they sign a document stating that.

[Perry]

Would Common Sense Prevail in the TT?

But, at what point, if any, does a house sitter cease to be a house sitter and become a tenant?

When they sign a document stating that.

Ahhhh, but what of:

Tenancy agreements not unenforceable on grounds not in writing
Notwithstanding anything to the contrary in any other enactment, no tenancy agreement shall be unenforceable on the grounds that it is not in writing.

Could someone who was having their house minded run afoul of that?

Especially if the house sitter asserted that s/he thought s/he was a tenant and so covered by the RTA.

[Courham]

have a room set aside for someone else's use, sign a TA with them if room isn't set aside for you the owner

the sitter then becomes a flatmate

and the tenancy hasn't been established with them

Flatmates are not covered by the Residential Tenancies Act 1986, which only covers tenants and landlords.

This means the rights of flatmates are not as clear cut.

Tenants are responsible to the landlord for the whole of the rent and any damage done, not just their own share.

If one (or more) tenant signs the tenancy agreement and then allows you to share the flat, you are likely to be a flatmate.

Flatmates are people who are living in the property but are not part of the tenancy agreement.


A flatmate lives with the person they pay rent to (ie the tenant).

Flatmates are not responsible to the landlord for the rent and the state of the property.
Instead they are responsible to the tenant for their share of the rent.

https://www.tenancy.govt.nz/starting...ancy/flatting/

I wonder if that can be used in Queenstown to get round the ridiculous council's planned limits on short term accommodation (eg Air BnB), set the property up with one "tenant" and have the airbnb guests as a series of short term flatmates. Of course the tenant wouldn't actually be present when the airbnb guests were. There are bound to be some legal implications though.

Craig

[Keys]

Could someone who was having their house minded run afoul of that?

Especially if the house sitter asserted that s/he thought s/he was a tenant and so covered by the RTA.

I would think this precluded the house sitter from claiming a tenancy.

[Perry]

The owners are off on a holiday. The house sitter comes the same day the owners depart.

The house sitter arrives am, gets instructions on putting out the rubbish, feeding the cat, walking the dog, mowing the lawns, watering the pot plants, etc., etc.

The owners leave in the early pm.

Vacant or not? I see that "vacant possession" is not defined in the RTA.