Whether you're a tenant or a flatmate, knowing your rights before you sign could save you serious stress — and money.
AUSA's Independent Student Advice team has put together a guide to help students navigate the rental market — from understanding your agreement to knowing your rights if things go wrong.
As the new semester kicks off, many students are signing rental agreements for the first time. Before you put pen to paper, it's worth knowing some key differences that could affect your rights and your wallet.
Tenant or Flatmate?
The first thing to understand is whether you'll be entering a tenancy as a tenant or a flatmate. As a tenant, you have a direct contractual relationship with your landlord and are protected by the Residential Tenancies Act (RTA). As a flatmate, your contract is with the tenant — not the landlord — and you won't have the same RTA protections, though general contract law still applies.
Fixed Term vs Periodic
Tenancy agreements generally come in two forms. A fixed-term agreement has a set start and end date — typically 12 months — while a periodic agreement runs on a monthly basis. If you're on a fixed term, be aware that it automatically becomes periodic unless notice is given between 90 and 21 days before the end date.
Know What You're Signing
For tenants, agreements must comply with the RTA, which standardises what can and cannot be included. However, once you sign, you're bound by it — so read carefully. Flatmates should always insist on a written agreement, even if the arrangement seems casual.
One critical thing to understand is joint and several liability. If you sign as co-tenants, you are all equally responsible for the full rent — not just your individual share. If one co-tenant stops paying, the rest are still liable for the total amount.
Bonds
Tenants lodge their bond directly with Tenancy Services, where it's held in trust until the tenancy ends. The bond is capped at four weeks' rent, so factor this into your moving budget. Landlords can only deduct from the bond for rent arrears or damage beyond fair wear and tear — not for things like professional cleaning, which is prohibited under the RTA. Flatmates, by contrast, usually pay their bond directly to the tenant, which requires a greater degree of trust when it comes to getting it back.
Disputes
If things go wrong, tenants should go to the Tenancy Tribunal (a $27 filing fee, refundable if successful). Flatmates are advised to use the Disputes Tribunal, which handles civil disputes of up to $30,000, with fees starting at $61 for disputes up to $2,000. Both tribunals have mediation and adjudication phases but cannot directly collect debt — they can only issue a legal order.
Where to Get Help
If you have questions or need support, the following free services are available:
- AUSA Independent Student Advice (advice@ausa.org.nz) — free, confidential, and independent advice on tenancy matters. You can also visit in person at AUSA House, 4 Alfred Street, on city campus.
- Community Law (community.law.org.nz) — free legal advice from qualified lawyers.
- Citizens' Advice Bureau (cab.org.nz) — helps you understand your rights and access the services you need.
- Tenancy Services (tenancy.govt.nz) — assists with disputes between landlords and tenants.