Lodger Agreement (New Zealand)
LODGER AGREEMENT
New Zealand — Owner-Occupied Premises
Date: [Agreement date]
PARTIES
Homeowner: [Owner name], Email: [Owner email], Phone: [Owner phone]
Lodger: [Lodger name], Email: [Lodger email], Phone: [Lodger phone]
Property: [Property address], [Region]
Note: The Homeowner resides at the above property. This arrangement may be excluded from the Residential Tenancies Act 1986 under section 5 as an owner-occupied shared premises. Both parties should seek legal advice if unsure of their statutory position.
1. ROOM AND FACILITIES
1.1 The Homeowner grants the Lodger the right to occupy: [Room description] at the above property.
1.2 Shared Facilities: [Shared facilities].
1.3 Board: [Board included].
2. PAYMENT
2.1 The Lodger shall pay NZD $[Weekly payment] [Payment frequency] by [Payment method] to the Homeowner, commencing [Start date].
2.2 Security Deposit: NZD $[Security deposit], payable on signing, held by the Homeowner and refundable at the end of the arrangement subject to deductions for any damage or unpaid amounts.
3. TERM AND NOTICE
3.1 This arrangement is [Lodging type], commencing [Start date].
3.2 Either party may end this arrangement by giving [Notice period] in writing.
4. HOUSE RULES
4.1 Guests: [Guests policy].
4.2 Smoking: [Smoking policy].
4.3 Pets: [Pets policy].
4.4 The Lodger must keep their room clean and tidy, respect the Homeowner's privacy and property, and not disturb other occupants.
4.5 The Lodger must not sublet the room or allow any other person to occupy it without the Homeowner's written consent.
5. GOVERNING LAW
This Agreement is governed by the laws of New Zealand. If the Residential Tenancies Act 1986 applies to this arrangement, its provisions prevail over any inconsistent term in this Agreement. Disputes should first be raised with Tenancy Services (tenancy.govt.nz) or the Disputes Tribunal.
SIGNATURES
HOMEOWNER
Name: [Owner name]
Date: [Agreement date]
LODGER
Name: [Lodger name]
Date: [Agreement date]
Homeowner
________________
Signature
Lodger
________________
Signature
What Is a Lodger Agreement (New Zealand)?
A Lodger 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.
When Do You Need a Lodger Agreement (New Zealand)?
A Lodger Agreement is needed whenever parties in New Zealand wish to formalize their arrangement regarding real estate transactions, property management, and tenancy arrangements. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. In real estate, a Lodger Agreement is essential when entering into property transactions, establishing new tenancy arrangements, managing existing properties, or dealing with property-related disputes. Property transactions in New Zealand are subject to specific legal requirements that must be carefully observed. You should also consider using a Lodger Agreement when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Lodger Agreement before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Lodger Agreement is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Lodger Agreement (New Zealand)
A well-drafted Lodger Agreement for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Lodger Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Lodger Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/real-estate/leases/lodger-agreement-new-zealand
"Lodger Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/real-estate/leases/lodger-agreement-new-zealand.
@misc{formslegal-lodger-agreement-new-zealand,
author = {{Forms Legal}},
title = {Lodger Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/real-estate/leases/lodger-agreement-new-zealand}},
note = {Free legal document template. Based on Property Law Act 2007}
}Also available for these jurisdictions:
Frequently Asked Questions
The application of the Residential Tenancies Act 1986 to lodger arrangements in New Zealand depends on the specific circumstances. Under section 5 of the RTA, the Act does not apply to accommodation provided by a resident owner of the premises if the owner shares the accommodation with the lodger and each room in the premises (other than rooms used by the owner alone) is used in common by both the owner and the lodger. This means that where the homeowner lives in the same house and shares common areas (kitchen, bathroom, living room) with the lodger, the RTA may not apply and the lodger agreement is governed purely by contract law. However, if the lodger has exclusive possession of a self-contained area of the property (such as a separate unit with its own bathroom and kitchen), the RTA may apply. The distinction can be complex, and parties should consider seeking advice from Tenancy Services (tenancy.govt.nz) to confirm whether the RTA applies to their specific arrangement.
In New Zealand, the key distinction between a lodger and a flatmate is whether the owner lives on the premises. A lodger arrangement involves the property owner (or head tenant) living in the same home as the lodger, typically with the lodger renting a room and sharing common facilities. A flatmate arrangement typically refers to people sharing a rental property together, where none of them owns the property — they are all tenants of an external landlord. Under the Residential Tenancies Act 1986, the head tenant who sub-lets to flatmates is in a landlord-tenant relationship with those flatmates, whereas the owner-occupier who takes in a lodger may be outside the RTA entirely. Flatmates in New Zealand are governed by the RTA (if the head tenant arrangement is covered), while lodgers in owner-occupied homes may have only contractual protection. A lodger agreement is therefore important for setting out the terms of the arrangement, as statutory protections may be limited.
If the Residential Tenancies Act 1986 does not apply to the lodger arrangement (because the owner shares the home), the notice period is governed by the lodger agreement itself and general contract law. The parties can agree on any notice period — there is no statutory minimum in such cases. Common arrangements in New Zealand include one week's notice for both parties, or two weeks' notice. If no notice period is agreed, reasonable notice must be given, which depends on the circumstances. If the RTA does apply (for example, because the lodger has exclusive possession of a self-contained area), the statutory notice requirements of the RTA apply: at least 90 days for the landlord on prescribed grounds and 21 days for the tenant. The lodger agreement should specify the notice period clearly to avoid uncertainty. Given the intimate nature of sharing a home, the parties should also include house rules in the agreement to manage expectations and reduce the risk of disputes.
If the Residential Tenancies Act 1986 applies to the lodger arrangement, the landlord (homeowner) may require a bond of up to four weeks' rent, which must be lodged with Tenancy Services (MBIE) within 23 working days. If the RTA does not apply, there is no legal requirement to lodge a bond with Tenancy Services, and the parties can agree to any security deposit arrangement they wish. In practice, many owner-occupiers taking in lodgers request a security deposit (equivalent to one or two weeks' rent) to cover any damage or unpaid rent, which is held privately by the homeowner rather than by Tenancy Services. The lodger agreement should specify the amount of any deposit, what it can be used for, and how it will be returned at the end of the arrangement. If disputes arise about the return of the deposit in an arrangement not covered by the RTA, the lodger would need to pursue their claim through the Disputes Tribunal or the courts rather than the Tenancy Tribunal.
A Lodger Agreement (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Property Law Act 2007 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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