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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

44: Subletting or parting with possession by tenant

You could also call this:

"What happens if you want to sublet or lend your rental home to someone else?"

Illustration for Residential Tenancies Act 1986

You can have a rule in your tenancy agreement that says you cannot sublet or part with possession of the premises. If this rule is not in your agreement, you can sublet or part with possession if your landlord agrees in writing. Your landlord must not say no without a good reason. You do something wrong if you sublet or part with possession without your landlord's consent. Your landlord must not say no to your request without a good reason, or attach conditions that are not fair. If your landlord says no because of something that is against the law, like discrimination, that is not a good reason. This rule does not apply if you want to assign your tenancy, which is explained in sections 43A to 43C. Your landlord's consent is taken to have been withheld unreasonably if it is an unlawful act under section 12, which says discrimination is an unlawful act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95097.

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Part 2Tenancy agreements
Rights and obligations of parties

44Subletting or parting with possession by tenant

  1. There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from subletting or parting with possession of the premises during the term of the tenancy.

  2. In the absence of such a provision, the tenant may at any time during the tenancy sublet or otherwise part with possession of the premises with the prior written consent of the landlord and in accordance with any conditions attached to that consent by the landlord.

  3. A tenant commits an unlawful act if he or she sublets or otherwise parts with possession of the premises—

  4. in contravention of a provision of the kind described in subsection (1); or
    1. in any other case, without the prior written consent of the landlord.

      1. The landlord shall not withhold that consent unreasonably, nor attach any unreasonable conditions to it.

      2. Without limiting subsection (3), a landlord's consent shall be taken to have been withheld unreasonably if the withholding of the consent is an unlawful act under section 12 (discrimination to be unlawful act).

      3. Nothing in this section applies to the assignment of a tenancy by a tenant (see sections 43A to 43C).

      4. Repealed
      Compare
      • 1952 No 51 s 110
      • 1965 No 16 s 3
      • 1975 No 36 s 9(1)
      • Residential Tenancies Act 1978–1981 s 52 (SA)
      Notes
      • Section 44 heading: amended, on , by section 25(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44 heading: amended, on , by section 28(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 44(1): amended, on , by section 25(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44(2): amended, on , by section 25(3) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44(2): amended, on , by section 28(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 44(2A): inserted, on , by section 28(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
      • Section 44(2A): amended, on , by section 25(4) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44(4): replaced, on , by section 5(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).
      • Section 44(4): amended, on , by section 25(5) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44(5): replaced, on , by section 25(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).
      • Section 44(6): repealed, on , by section 25(6) of the Residential Tenancies Amendment Act 2020 (2020 No 59).