When you are involved in a tenancy, either as the tenants or the landlord, both parties have rights and responsibilities. Being a student doesn’t remove the protection you have under the Residential Tenancies Act, and you also must ensure you are meeting your obligations too.
This section is a brief guide to some of the legal stuff involved in flatting. It’s a little dry, but it’s important, and don’t forget OUSA Student Support is your on-campus support centre for anything to do with flatting and tenancy.
Landlords and property managers: A landlord is the owner of the property who is responsible for the maintenance and repairs. In comparison, a property manager is someone who has been hired by the landlord to manage the property on their behalf. Property managers can be independent or can work for property management companies.
Tenancy Agreements
When you sign up for a flat you enter a legal contract with the landlord/property manager. This is called a tenancy agreement. Under this agreement both tenants and the landlord have rights and responsibilities, governed by the Residential Tenancies Act. There are several common tenancy agreements that are listed below. Pay close attention to the “joint fixed-term tenancy agreement” because it’s the most common tenancy found in the student area in Dunedin.
Fixed-term tenancy: Lasts for a fixed amount of time (typically 12 months in the Dunedin student area). A fixed-term tenancy can’t be ended during the fixed-term, but if you need to move out of the property before the end date, get in touch with OUSA Student Support to explore possible options including the reassignment process. Fixed-term tenancies will automatically become periodic at the end of the initial fixed-term unless BOTH the landlord and the tenant agree otherwise, the tenant gives notice, or the landlord gives notice. Fixed-term tenancy agreements can also be “joint” (see jointly and severally liable below).
Note: It is important to understand that if there isn’t communication between you and your landlord or property manager of your intentions at the end of the fixed-term contract, it will automatically role into a periodic tenancy, and you could be at risk of paying more rent.
Periodic tenancy: There is no fixed-term, and the tenancy can be ended by giving notice. The tenant can give 21 days’ notice. As of January 30, 2025, the landlord can terminate a periodic tenancy with ‘no cause’ by providing a 90-day notice. Keep in mind there are several circumstances where the notice period could be shorter. Note: If you find yourself in this situation, please drop into the Student Support Centre to discuss with an advocate.
Boarding house: The tenant rents one room independently and shares common facilities with other tenants. If your accommodation meets the definition of a boarding house, then you can end the tenancy with 48 hours’ notice even if you signed up for a fixed-term. A ‘studio room’ may be classed as a boarding house. If you want to check if your studio room is classed as a boarding house, then please get in touch with OUSA Student Support.
Unenforceable clauses in a tenancy agreement: All clauses in a tenancy agreement must be consistent with the Residential Tenancies Act 1986. Landlords can’t just put whatever clauses they want in a tenancy agreement. A common example of this is tenants being required to professionally clean carpets when they move out. The Act requires tenants to leave the property reasonably clean and tidy (not professionally) – so your property manager can’t charge you for carpet cleaning unless you have left stains. Keep in mind that your rights are your rights and even though you have signed a contract, it must be lawful. Under no circumstances can you sign away your tenancy rights, so even though you have signed, your rights are still intact. You can always get OUSA Student Support to read over your tenancy agreement before you sign it, so you understand what your tenancy agreement involves, including your rights and obligations.
Jointly and severally liable: A legal term that means all flatmates (tenants) are equally responsible for everything that happens in the flat on a joint fixed-term contract. For example, if one of your flatmates kicks a hole in a wall you can all be made to pay for it, or if one of your flatmates disappears and stops paying their rent and your flat goes into rent arrears, you can all be taken to the Tenancy Tribunal. Creating a household agreement is one way to establish expectations in the flat. If you find yourself in a tricky situation, always talk to OUSA Student Support. We can help you deal with the landlord and a problematic flatmate.
Living with the owner or their family member: If the owner or a close family member is living in the property then it is not covered by the Residential Tenancies Act, unless there is a clause in the tenancy agreement explicitly saying that you agree to contract into the Act. This kind of situation can go very wrong, talk to OUSA Student Support if you are considering doing this to make sure things are set for a good year and not the end of your friendship.
Other Need to Know Legal Info
Rent in advance: Landlords can ask for up to two weeks’ rent in advance. It is unlawful for the landlord/property manager to require any further rent payments until the rent paid in advance has been exhausted.
Rent increases: Rent can’t be increased during a fixed-term tenancy, unless there is a clause in the tenancy agreement permitting it. For a periodic tenancy (or fixed-term that allows rent increases) the rent can be increased once every 12 months, any rent increase must be in line with market rates.
When can the landlord come into the flat? Your landlord can enter the outside of the property and/or common areas (of a boarding house), but they are not allowed to go inside personal flats and/or rooms without giving notice.
- Inspections: between 48 hours – 14 days’ notice
- For necessary repairs or maintenance: 24 hours’ notice
- Open homes or flat viewings: There is no notice period for this, the landlord/property manager needs to discuss this with the tenants, and you all need to reach a reasonable agreement.
- Without notice: In an emergency or with your consent.
Quiet enjoyment: Your flat is your home, you are entitled to reasonable peace, comfort, and privacy. The landlord/property manager can’t interfere with this, and you can’t interfere with other people’s quiet enjoyment either. Yes, that includes blasting your massive new speakers.
Changing tenants: If you really need to move out of your flat you can ‘assign’ the tenancy, basically meaning someone else takes over your tenancy. The landlord/property manager needs to agree, and your flatmates need to approve of any potential replacements. There is also paperwork to do, which needs to be done correctly, or you might still be liable for the flat. You can be charged reasonable costs for “assigning” but be wary of being overcharged! There are some key points to cover so it’s a good idea to come and talk things through with OUSA Student Support before you do this.
Healthy Homes Standards: From the first of July 2021 all private landlords have been required to comply with the Healthy Homes Standards. Occasionally, a property might be given an exemption from some of these standards. You can talk to OUSA Student Support for more info. Don’t forget the Healthy Homes Standards are the minimum requirements, a landlord can go above the required standard and there is a lot that tenants can do themselves to make the flat warmer, drier, and healthier.
Disputes: If you’re having issues with your landlord or flatmates there are different pathways you can use to resolve the situation. We recommend that you come in and talk to OUSA Student Support for all the options available to you as these types of situations can be complex.
If you have questions about tenancy matters, just visit the friendly team at OUSA Student Support.
*OUSA Student Support has extensive experience in flatting and tenancy related matters, gained from providing support to students who are flatting and navigating tenancy laws. All advice is given in good faith and is as accurate as possible at the time of printing, however this article does not constitute formal legal advice.