Boarding House Tenancy Agreement (New Zealand)

A Boarding House Tenancy Agreement in New Zealand grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Property Law Act 2007.

Part 2A of the RTA applies when a residential property has 6 or more tenants who each occupy separate rooms and share common facilities such as kitchens, bathrooms, or laundries, and where the landlord does not live on the premises (or lives there in a separate self-contained unit). This includes purpose-built boarding houses, older inner-city properties converted to multi-room accommodation, student hostels, and transitional housing facilities. The key distinction from standard residential tenancies is that each boarder has exclusive occupation of their own room but shares common areas with other residents.

Boarding house tenancies differ from standard residential tenancies in several important ways. The maximum bond is limited to 1 week's rent under section 66G of the RTA, compared to 4 weeks' rent for standard tenancies. The maximum rent in advance is limited to 1 week under section 66H, compared to 2 weeks for standard tenancies. The landlord notice period to terminate is only 28 days (not 90 days for standard periodic tenancies), and tenants need give only 48 hours' notice to leave. Boarding house tenancies cannot be fixed-term — they are always periodic under Part 2A.

The boarding house operator must also comply with additional obligations specific to Part 2A, including displaying Boarding House Tenants' Rights information in a common area (section 66C), making and following reasonable house rules (section 66I), and not interfering with tenants' access to shared services (section 66L). The landlord's right of entry to a tenant's room is restricted to situations where the tenant consents or 24 hours' written notice has been given, except in emergencies (section 66N).

Boarding houses play an important role in New Zealand's rental housing market, providing affordable accommodation for students, workers, low-income residents, and people in transitional housing situations. Wellington, Auckland, and Christchurch have significant boarding house sectors. The specific protections in Part 2A of the RTA were designed to address exploitation and poor conditions that were historically more common in boarding house accommodation, by giving boarders clearer rights regarding privacy, security of tenure, fair bond practices, and access to the Tenancy Tribunal for dispute resolution.

A well-drafted boarding house tenancy agreement should clearly identify the specific room allocated to the tenant, describe all shared facilities available, set out the rent amount and payment terms, record the bond amount, and include all house rules. The agreement serves as the primary evidence in any dispute between the operator and boarder before the Tenancy Tribunal, which has full jurisdiction over boarding house tenancy disputes under Part 2A of the RTA.

A Boarding House Tenancy Agreement is required whenever a landlord or boarding house operator grants a tenant the right to occupy a room in a boarding house that has 6 or more tenants sharing common facilities, under Part 2A of the Residential Tenancies Act 1986. The written agreement is legally required and must be provided to the boarder at or before the commencement of the tenancy.

You should use a boarding house tenancy agreement if you operate a property with 6 or more rooms let to individual tenants who share kitchens, bathrooms, laundries, or other common areas. This includes traditional boarding houses, bedsit properties, workers' accommodation, student hostels not governed by a tertiary institution's own regulations, and transitional housing facilities where tenants have individual room agreements.

The document is important to use a boarding house agreement (under Part 2A) rather than a standard residential tenancy agreement (under Part 2) because the two types have significantly different rules on bond, advance rent, notice periods, and landlord entry rights. Using the wrong type of agreement can create confusion about the parties' rights and obligations, and may lead to disputes before the Tenancy Tribunal.

A written boarding house tenancy agreement is particularly valuable because it clearly records the specific room allocated to each boarder (important in a multi-room property), the house rules that apply to all tenants, the services and utilities included in the rent, the bond amount (capped at 1 week's rent under s66G), and the rent amount and payment terms. Without a written agreement, these matters can be disputed and are much harder to prove before the Tenancy Tribunal.

Boarding house operators should also confirm that a copy of the Tenancy Services Boarding House Tenants' Rights information is displayed prominently in a common area of the boarding house as required by section 66C of the RTA. This requirement applies regardless of whether a written agreement is in place.

For each new boarder entering the property, a separate boarding house tenancy agreement should be prepared and signed. If the property's total number of tenants changes (for example, if several rooms become vacant and the total drops below 6), the operator should seek advice from Tenancy Services about the applicable legal framework, as the property may no longer qualify as a boarding house under Part 2A.

Landlords who manage boarding houses should also be aware of their obligations under the Building Act 2004 and the Health Act 1956, including fire safety requirements, adequate ventilation, and habitable living conditions. These obligations apply in addition to the specific requirements of Part 2A of the Residential Tenancies Act 1986.

A well-drafted New Zealand Boarding House Tenancy Agreement under Part 2A of the Residential Tenancies Act 1986 must contain specific elements that reflect both the general requirements of the RTA and the special provisions that apply to boarding house tenancies.

The parties and boarding house identification section must correctly identify the landlord or boarding house operator (with their full legal name, address for service, phone number, and email address) and the individual tenant (boarder) entering the agreement. The boarding house address and, if applicable, its trading name should be recorded, along with the total number of tenants in the premises. This last element is important because Part 2A only applies when there are 6 or more tenants sharing common facilities.

The room and shared facilities section is unique to boarding house agreements and must clearly identify the specific room number or identifier allocated to this tenant — this is the space to which the tenant has exclusive access. A description of the room (size, fittings, furnishings) and a list of all shared facilities available to the tenant (kitchen, bathrooms, laundry, common room, outdoor areas) should be included. The agreement should also clarify the terms on which the landlord may access the room: with tenant consent or on 24 hours' written notice, except in emergencies (s66N RTA).

The term and termination section must reflect the Part 2A requirement that boarding house tenancies are always periodic. The commencement date should be stated, but there is no end date. The applicable notice periods must be referenced: the landlord must give at least 28 days' written notice to terminate without cause (s66P(1) RTA); the tenant need give only 48 hours' notice (s66P(2) RTA). Shorter periods apply for cause (14 days for breach of tenancy, 24 hours for serious anti-social behaviour).

The rent section must state the amount payable per period (weekly or fortnightly), the due day, and the payment method. Importantly, the landlord must not require more than 1 week's rent in advance at any time (s66H RTA) — lower than the 2-week maximum for standard tenancies. Rent increases are limited to once per 52-week period with at least 28 days' written notice (s66J RTA). These figures differ from the equivalent standard tenancy rules and must be accurately reflected in the agreement.

The bond section must record the bond amount, which cannot exceed 1 week's rent under section 66G of the RTA. The agreement should confirm that the bond will be lodged with Tenancy Services within 23 working days and that the tenant will receive a receipt. The lower bond maximum for boarding houses compared to standard tenancies reflects the typically shorter tenancy periods and lower financial exposure in this sector.

The services and inclusions section should list all utilities, services, and amenities included in the rent (electricity, water, internet, bedding, cleaning services, meals if provided). The landlord must maintain all included services and may not cut them off as a means of coercion (s66L RTA). If meals are provided, the details should be clearly stated.

The house rules section records the rules made under section 66I of the RTA, which are binding on the tenant. Rules should cover quiet hours, visitor and overnight guest policies, smoking, kitchen and laundry use, rubbish disposal, and any other matters the operator considers necessary for the orderly running of the boarding house. The agreement should note that house rules may be amended by the landlord on at least 14 days' written notice, and that any new rules must be reasonable and consistent with the RTA. The forms-legal.com Boarding House Tenancy Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.