Flatmates vs Tenants in New Zealand: Why the Difference Matters

A flatmate, someone who shares a rented home but is not named on the tenancy agreement, is not covered by the Residential Tenancies Act 1986 at all. That single fact changes almost everything about how a flatmate dispute gets resolved in New Zealand.

This is general information about New Zealand law, not legal advice. For your situation, consult a lawyer or your local Community Law centre.

Tenant or flatmate: the test is the tenancy agreement

The difference comes down to one question: did you sign the tenancy agreement with the landlord? If you did, you are a tenant, and the Residential Tenancies Act protects you directly against the landlord.

If you did not, and someone else (the tenant) is letting you live in the property and share it with them, you are a flatmate. You have a financial arrangement with the tenant, typically paying them a share of the rent, but you have no direct legal relationship with the landlord under tenancy law.

Why flatmates fall outside the Residential Tenancies Act

According to Tenancy Services, the Residential Tenancies Act protects the relationship between a landlord and a tenant. A flatmate who has not signed the tenancy agreement is outside that relationship, so their living arrangement is not covered by the Act at all. This means the healthy homes standards, bond protection, and notice-period rules written for tenants do not directly apply between a tenant and their flatmate.

Where flatmate disputes actually get resolved

Because flatmates are not covered by the Residential Tenancies Act, the Tenancy Tribunal has no jurisdiction over a dispute between a tenant and a flatmate, or between flatmates. Instead, these disputes go to the Disputes Tribunal, the Ministry of Justice's general small-claims forum for civil disagreements up to a set dollar cap.

This is the practical wedge to understand: a tenant with a problem involving their landlord applies to the Tenancy Tribunal, while a flatmate with a problem involving their tenant or another flatmate, such as unpaid rent or bond, applies to the Disputes Tribunal instead. They are different bodies with different rules, and Tenancy Services cannot advise on a flatmate-only dispute.

What this means for a flatmate's bond

When a tenant charges a rental bond, the law requires the landlord to lodge it with Tenancy Services within 23 working days, which is why a tenant's bond is protected and tracked centrally. There is no equivalent statutory requirement covering money a flatmate pays to a tenant as their own contribution or bond, so that money is not automatically lodged with, or protected by, Tenancy Services. What happens to it depends on the arrangement between the tenant and the flatmate.

A flatmate agreement is the practical protection

Because a flatmate cannot rely on the Residential Tenancies Act, a written flatmate agreement, covering the rent share, any bond, notice to move out, and house rules, is what a Disputes Tribunal referee will look to if a disagreement ends up there. Tenancy Services publishes a flatting agreement template for exactly this reason.

It is possible, in some situations, for everyone in a flat to agree to 'contract in' to the Residential Tenancies Act, so that the arrangement is treated as a tenancy for legal purposes. Since this changes everyone's rights and obligations, it is worth getting independent advice before doing so.

For the tenant's side of these protections, see our tenant rights guide; for the landlord's obligations, see our landlord obligations guide. Both sit within the broader tenancy hub.

Frequently Asked Questions

Is a flatmate covered by the Residential Tenancies Act?

No. The Act protects the relationship between a landlord and the person or people named on the tenancy agreement. A flatmate who has not signed that agreement is outside the Act, and their arrangement is with the tenant, not the landlord.

Where does a flatmate take a dispute?

To the Disputes Tribunal, the Ministry of Justice's general small-claims forum, rather than the Tenancy Tribunal. The Tenancy Tribunal has no power to hear disputes between flatmates because they are not covered by the Residential Tenancies Act.

Does Tenancy Services protect a flatmate's bond the way it protects a tenant's bond?

Not automatically. A tenant's bond must be lodged with Tenancy Services within 23 working days by law. There is no equivalent statutory requirement for money a flatmate pays to a tenant, so that protection depends on the arrangement between them, ideally set out in a written flatmate agreement.

Can flatmates choose to be covered by the Residential Tenancies Act?

In some circumstances, everyone involved can agree to 'contract in' to the Act so the arrangement is treated as a tenancy. This changes everyone's rights and obligations, so it is worth getting independent advice before agreeing to it.

What should flatmates do to protect themselves without the Residential Tenancies Act?

Put the arrangement in writing. A flatmate agreement covering rent, any bond, notice to leave, and house rules is what a Disputes Tribunal referee will look at if a disagreement ever needs to be resolved.