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Residential Tenancies Act 1986

Application of Act

5B: Exempt student accommodation

You could also call this:

“Special rules for places where only students live, with extra services and house rules”

This law explains when student accommodation is exempt from the Residential Tenancies Act. You don’t have to follow this Act if you’re living in a place that’s only for students from one or more tertiary education providers. The place must be owned or run by a tertiary education provider or someone who has a written agreement with the education provider.

The person running the accommodation needs to do three things:

  1. They must provide extra services beyond what a normal landlord would.

  2. They need to have house rules that help students grow and feel part of a community.

  3. They have to make sure students know about these rules and can get copies of them.

If the accommodation is run by someone other than the education provider, they need a written agreement. This agreement should say what rights and responsibilities both parties have, and how they’ll solve any arguments.

In this law, a tertiary education provider means the same thing as it does in the Education and Training Act 2020.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3279734.

Topics:
Housing and property > Renting
Education and learning > Higher education
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Part 1 Application of Act

5BExempt student accommodation

  1. For the purposes of section 5(1)(h)(ii), this Act does not apply to premises if—

  2. the premises are used to provide accommodation exclusively for students of 1 or more tertiary education providers; and
    1. the premises are owned or operated by a person (an accommodation provider) who is—
      1. a tertiary education provider; or
        1. a person who has entered into a written agreement of the kind described in subsection (5) with each tertiary education provider whose students are accommodated at the premises; and
        2. the accommodation provider complies with subsections (2) to (4).

          1. The accommodation provider must provide services to the students accommodated in the premises that are over and above the services that a landlord must provide under Part 2 or 2A.

          2. The accommodation provider must have in place house rules that aim to create an environment that fosters personal development and encourages a sense of community and association with fellow students.

          3. The accommodation provider must take all reasonable steps to ensure that prospective and current student tenants are made aware of, and have access to copies of, the house rules.

          4. An agreement referred to in subsection (1)(b) is one that sets out—

          5. the rights and obligations of the accommodation provider and the tertiary education provider; and
            1. a dispute resolution process by which disputes between the accommodation provider and the tertiary education provider may be resolved.

              1. In this section, tertiary education provider has the same meaning as in section 10(1) of the Education and Training Act 2020.

              Notes
              • Section 5B: inserted, on , by section 7 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
              • Section 5B(6): replaced, on , by section 668 of the Education and Training Act 2020 (2020 No 38).