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Residential Tenancies Act 1986

Tenancy agreements - Termination of tenancies and recovery of possession

57: Effect on subtenancy of termination of head tenancy

You could also call this:

“When a main rental agreement ends, it can affect the agreements of people renting from the main tenant.”

When you rent a place that someone else is renting (this is called a subtenancy), there are some important things to know about what happens if the main rental agreement ends.

Usually, if the main rental agreement ends, your subtenancy also ends. But there are some exceptions to this rule.

If the landlord agreed to let you rent from the main tenant, and the landlord is ending the main tenancy for certain reasons (as explained in section 51 or section 52), they can also end your subtenancy at the same time. To do this, they need to give you a copy of the notice on the same day they give it to the main tenant.

However, if the landlord doesn’t do this, your subtenancy can continue even if the main tenancy ends. In this case, some interesting things happen:

The landlord takes over as your new landlord instead of the person you were renting from before. They have the same rights as your old landlord to end your tenancy or ask the Tenancy Tribunal for help.

Some rules about rent and other tenancy matters will apply as if the main landlord had been your landlord all along.

If your subtenancy is still going when the main tenancy ends, it becomes a regular tenancy between you and the main landlord.

These rules help protect you if you’re subrenting and make sure you know what to expect if the main rental agreement ends.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95524.

Topics:

Housing and property > Renting

Crime and justice > Courts and legal help

56E: Disclosure of notice of withdrawal or accompanying evidence, or

“Rules for sharing a tenant's withdrawal notice or evidence”

58: Mortgagee or other person becoming entitled to possession, or

“When someone new gets the right to take over a rented house, the people living there can usually stay.”

Part 2 Tenancy agreements
Termination of tenancies and recovery of possession

57Effect on subtenancy of termination of head tenancy

Except as provided in subsections (2) and (3), where any premises are subject to a tenancy and 1 or more subtenancies, on the termination of the tenancy each subtenancy shall be deemed to be terminated.
Where—
the landlord has consented to a subletting by the tenant to a subtenant; and
the landlord is giving to the tenant notice to terminate the tenancy in accordance with section 51 or section 52,—

Subject to subsection (2), where the landlord gives to the tenant notice to terminate the tenancy in accordance with section 51 or section 52, the following provisions shall apply in respect of each subtenancy to which the landlord has consented:
the subtenancy shall continue notwithstanding the giving or expiry of that notice:
for the purposes of sections 15, 21A, and 43, the landlord under the tenancy shall be deemed to have acquired the sublandlord's interest under the subtenancy, and the provisions of those sections, with any necessary modifications, shall apply accordingly:
the landlord under the tenancy shall have the same rights (if any) as the sublandlord had under the subtenancy agreement or this Act to give notice terminating the subtenancy or to apply to the Tribunal for an order terminating the subtenancy or for an order for possession of the premises:
if, on the expiry of the notice given in respect of the tenancy, the subtenancy is still subsisting, the subtenancy shall be deemed to be a tenancy granted by the landlord to the subtenant.

Notes

Section 57(3)(b): amended, on 1 May 1996, by section 10(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).