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  1. #1

    Smile non-occupying tenancy agreement and flatmates

    Can a tenancy agreement be between a LL and non occupying tenant who then sublets to flatmates and accepts responsibility for rent etc (no bonds and no written agreements are anticipated)?

    If TS get involved is their jurisdiction only between the LL and the tenant (named on the agreement) ?


    Thanks in anticipation

  2. #2

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    When I was a tenant and had a flatmate who wasnt named on the tenancy agreement, I was advised that I am responsible for them, that any damage etc, by them was put on me. When I left my flatmate then had to enter into an agreement with the ll. Non occupying tenant? I would be getting the one other/others on the agreement if you can. Who knows what TS would think of that.

  3. #3
    Join Date
    Sep 2004
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    Sounds like what you describe is a sub-letting arrangement / agency thing from the start.

    I.e. you are leasing to someone who is letting to others?

    Why?
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  4. #4

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    the owner doesnt want tenancy issues with multiple tenants or be the LL subject to Tenancy services jurisdiction from occupants.

    He trusts the head tenant who lives near but not resident at the property in question. Does he have to be?

  5. #5
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    I really don't know. I suspect that the 'head tenant,' being non-resident, would be perceived (and treated) by the TT as the LL.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  6. #6
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    Standard HNZ terms. It is totally acceptable.

  7. #7
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    Quote Originally Posted by Perry View Post
    I really don't know. I suspect that the 'head tenant,' being non-resident, would be perceived (and treated) by the TT as the LL.
    I agree. There have been a few TT findings recently that found a tenant who actually lived onsite, to be a LL, when things went sour and the flatmate in a sleepout took them to TT.
    It's far less of a long bow to find a non-resident 'flatmate' to actually be a LL.
    My blog. From personal experience.
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  8. #8
    Join Date
    Mar 2010
    Location
    Lower Hutt
    Posts
    386

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    A tenancy agreement can be verbally binding if there are is no formal agreement in place.

    It doesn't matter if the tenant moves out and sublets as they are still legally the tenant so are responsible for the tenancy.

    Do you have a no subletting clause in your agreement?
    Fraser Wilkinson
    www.managemyrental.co.nz
    Wellington / Lower Hutt / Upper Hutt / Porirua

  9. #9

    Default

    the issue is in regard to avoiding TS scrutiny for as house sharing arrangement

    Can TS interfere in a tenancy where occupants are flatmates? They are trying to and annoying the flatmates who dont want private info shared.n

  10. #10

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    Quote Originally Posted by John the builder View Post
    Can a tenancy agreement be between a LL and non occupying tenant who then sublets to flatmates and accepts responsibility for rent etc (no bonds and no written agreements are anticipated)?

    If TS get involved is their jurisdiction only between the LL and the tenant (named on the agreement) ?


    Thanks in anticipation
    I had a situation like this up until very recently. I had 5 rooms let out in the one property , i assigned one person as head tenant then when each new person came in they signed the flatmate sharing agreement that was an agreement with the head tenant that they were his flatmate and thereby did not come under the RTA. The head tenant has to live at the property. This arrangement worked well for me for around 12 years then the head tenant got himself a girlfriend he wanted to move in with and gave me notice , so after that i turned it back into a standard tenancy. The key is finding a good head tenant that is trustworthy and reliable. The flatmate sharing arrangement form can be found online , if you cant find it PM me.

    If the head tenant does not live at the property then you cant have a flatmate shared arrangement and instead each room rented out would need to come under the RTA.

    The problem with the RTA is it does not recognize the complexity of shared living arrangements that is why it does not work well for these types of situations.
    Last edited by mrsaneperson; 13-09-2018 at 10:26 PM.


 

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