Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

41: Tenant's responsibility for actions of others

You could also call this:

"You're in charge of what happens at your rental property"

Illustration for Residential Tenancies Act 1986

You are responsible for what others do in your rental property if they are there with your permission. If someone damages the property on purpose or by accident while you are renting it, you will be blamed unless you can prove you tried to stop them. You must show you took reasonable steps to keep them out or make them leave.

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 It might be out of date or be missing some parts.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=DLM95091.

This page was last updated on View changes


Previous

40: Tenant's responsibilities, or

"Your responsibilities as a tenant: paying rent, keeping the place clean, and following rules"


Next

42: Tenant's fixtures, etc, or

"Rules about what you can put in or change in the house you're renting"

Part 2Tenancy agreements
Rights and obligations of parties

41Tenant's responsibility for actions of others

  1. The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the landlord's behalf or with the landlord's authority) who is in the premises with the tenant's permission if the act or omission would have constituted a breach of the tenancy agreement had it been the act or omission of the tenant.

  2. Where any person (other than the landlord or any person acting on the landlord's behalf or with the landlord's authority) intentionally or carelessly damages the premises while the tenant is in the premises, it shall be presumed that the tenant permitted that person to be in the premises unless the tenant proves that he or she took all reasonable steps to prevent that person from entering the premises or (as the case may require) to eject that person from the premises.

Compare
  • 1952 No 51 s 116E(6)
  • 1975 No 36 s 10
  • Residential Tenancies Act 1978–1981 s 52 (SA)