Does the RTA apply in this situation?

[Casual]

A couple arrived in NZ 10 months ago, landlord said the lived in the house so rented a double room (3rd room is another single tenant). The couple paid 4 weeks worth of bond. Nothing signed. Pay weekly rent, get an email from the LL each month that says what the other costs are (ie Internet $52, power $128, water $36, insurance $24).No actual invoices. LL wants 4 weeks notice to move out. Now the LL didn't actually end up living at the property, only spent 3 weeks at X-mas there. So not a house share with LL as they thought. They asked for rent receipt and if bond was lodged. Due to Covid impact on their work, they need some paperwork for WINZ to get assistance (work in hospitality and tourism, currently down to 50% of their regular working hours). The LL says no requirement to do TA or comply with RTA or provide anything as it is casual set up with live in LL. Does the RTA apply or not? I'd say 3 weeks out of 10 months - arguable if main residence of LL.

[artemis]

Depends exactly what paperwork WINZ requires. Cannot see why the landlord can't provide them with a letter including what room rent and expenses were being paid and that may be enough for WINZ.

The couple sound like flatmates to me. If the landlord keeps a room and belongings s/he doesn't have to live there all the time.

[Perry]

I concur with Artemis. A suitably worded letter to WINZ with the flatmates costs detailed should be all that's required.

From memory, I think the RTA requires vacant possession, which does not seem to fit you describe.

[John the builder]

if the agreement relates to a room is it s boardinghouse agreement and therefore a boarder and under the RTA?

but sharing costs is a flatmates arrangement.

[Casual]

Thank you wasn't sure as have not seen the LL since December and asked for some confirmation of costs & rent and copies of bills. With the LL panicking and stating it was casual arrangement and no bond was lodged. Then the LL supplied a new TA with start date next month which won't help with WINZ. All was verbal, the LL spent approx 3 weeks in the last 11 months at the property. Saying that the power and internet costs seem a bit more for last month especially as we don't get a choice of the internet. Was told boarder is if there is more than 6 of us or have food provided. Thank you for all replies.

[John the builder]

6 boarders makes for a boarding house or strictly 1 boarder and 5 other occupiers.

you are still a boarder if less than 6 but the issue is do you want to be?.

Auckland council are currently trying to make rentals with 6 or more boardinghouses even when there are no boarding room agreements.

Is anyone else aware of this?