Sub-tenants lack protection in act

Press, 11 June 1987, Page 35

Sub-tenants lack protection in act

PA Wellington Some tenants may not have the protection of the new Residential Tenancies Act introduced in February.

Those affected are peopie who live in a flat or house where one person is the head tenant, and the others are “subtenants” of this person.

Sub-tenants have no protection under the new act, said the senior advisory officer of the Housing Corporation tenancy bond division, Mr Alan Whelan.

He advises flatmates to find out what their status is. . ‘

The legal definition of a tenant is anyone who has an agreement with a landlord to live at a premises in exchange for rent

The agreement does not have to be written or oral, Mr Whelan said. It can be implied. A good test for this was whether a landlord expected to be paid rent and whether tenants expected a landlord to do repairs, he said. It also allows for not more than one rent increase every six months with 60 days notice of a rise. - '

Mr Whelan said subtenants can agree to come under the act or allow the Housing Corporation’s mediation service to apply. The tenancy bond division was happy to draft agreements between head tenants and sub-tenants, and Mr Whelan advises this.

"Otherwise, if you get two people who loathe each other or a head tenant who’s an out-and-out swine, there’s not a lot we can do. l ■ 4

“Most flatmates are tenants,” Mr Whelan said, But those that are subtenants may strike problems if, for instance, their head tenant decided to kick them out Sub-tenancy agreements mean sub-tenants are not responsible to a landlord and landlords only have to deal with "one head tenant : However, Mr Whelan believes it is much better ' for landlords.and tenants

to come under the Resi- * dentlal Tenancies Act The "act says landlords must give 90 days notice for tenants to leave, or 42 days if the house has been sold or the landlord or relatives are moving in. “The law is unclear in this area but the law can’t legislate how people are going to Uve together,” Mr Whelan said. He said he had already ' done some Informal mediation in this area.