Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

43A: Effect of provision prohibiting assignment by tenant

You could also call this:

"What happens if your tenancy agreement says you can't assign your tenancy to someone else?"

Illustration for Residential Tenancies Act 1986

If you are a tenant, a rule in your tenancy agreement that stops you from assigning your tenancy has no effect. However, if your tenancy is for social housing, as described in section 22F(2)(b) or (c), and your agreement clearly says you cannot assign your tenancy, then that rule does apply to you. This means you cannot assign your tenancy in those social housing cases.

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 It might be out of date or be missing some parts.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=LMS451315.

This page was last updated on — View changes

Topics:
Housing and property > Renting
Previous

43AA: Tenancy agreement may prohibit smoking, or

"Landlords can ban smoking inside your rental home in your tenancy agreement"

Next

43B: Assignment of tenancy by tenant, or

"Assigning your rental to someone else with the landlord's permission"

Part 2Tenancy 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 22F(2)(b) or (c) (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).
  • Section 43A(2): amended, on , by section 22 of the Residential Tenancies Amendment Act 2024 (2024 No 52).