Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
43: Disposition of landlord's interest
or “ When a landlord sells a house, they must tell the renter about the new owner and what happens next. ”
You could also call this:

“Rules about tenants sharing their rental with others, and when landlords can say no”

If your tenancy agreement says you can’t assign (transfer) your tenancy to someone else, that rule doesn’t count. This means you can still assign your tenancy even if the agreement says you can’t.

However, there’s an exception. If you’re in social housing, and your agreement clearly states that you’re not allowed to assign your tenancy under any circumstances, then that rule does apply. You can find more information about social housing tenancies in section 53B(1)(a).

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 It might be out of date or be missing some parts.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

Next up: 43B: Assignment of tenancy by tenant

or “A renter can give their lease to someone else if the landlord says it's okay in writing and follows any fair rules.”
Next

Part 2 Tenancy agreements
Rights and obligations of parties

43AEffect of provision prohibiting assignment by tenant

  1. A provision in a tenancy agreement that prohibits the tenant from assigning the tenancy is of no effect.

  2. However, if the tenancy agreement relates to a tenancy described in section 53B(1)(a) (which relates to social housing tenancies) and contains a provision that expressly and unconditionally prohibits the tenant from assigning the tenancy, the provision has effect.

Notes
  • Section 43A: inserted, on , by section 24 of the Residential Tenancies Amendment Act 2020 (2020 No 59).