Flatting agreements help solve issues
Flatting is all fun and games, until problems arise. At Citizens Advice Bureau we regularly see renters who don’t know how to fix problems. We have two simple pieces of advice to save heartache for anyone flatting:
1. Have a written flatting agreement, and
2. Make sure you know your rights (and responsibilities).
A flatting or house sharing agreement is between all the people living in a rented home. It doesn’t involve the landlord. It should set out things like how much rent and bond each person will pay; who is responsible for lodging the bond; how the chores will be shared; how disputes should be settled; and what will happen when someone wants to leave.
A sample flatting agreement is available on our website cab.org.nz.
If your name is on the tenancy agreement, then you are a tenant, which means you have rights under the Residential Tenancies Act.
As a tenant, you can’t easily be kicked out by your flatmates, as long as you stick to what is required in the tenancy agreement. On the downside, if you are a tenant but your flatmates aren’t, then you’re liable for any unpaid rent or damage if they leave without paying.
If your name isn’t on the tenancy agreement, then you are a non-tenant flatmate. Your rights will depend on what you’ve agreed with the other people you live with.
If you have problems with your flatmates the best thing to do is try and talk to them about it as soon as possible. You should follow through on any agreements you make.
If you have a disagreement with your landlord that can’t be resolved then you can take your case to the Tenancy Tribunal. If the problem is with your flatmate(s) the Tenancy Tribunal can’t help, but the Disputes Tribunal can. We can help you prepare for either of these tribunals.
For confidential advice contact Palmerston North Citizens Advice Bureau (CAB) weekdays 9am-4.30pm on 357 0647 or 0800 367 222, or email palmerstonnorth@cab.org.nz.