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Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

43A: Effect of provision prohibiting assignment by tenant

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).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS451315.

Topics:

Housing and property > Renting

Crime and justice > Courts and legal help

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. ”

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.”

Part 2 Tenancy agreements
Rights and obligations of parties

43AEffect of provision prohibiting assignment by tenant

A provision in a tenancy agreement that prohibits the tenant from assigning the tenancy is of no effect.
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 11 February 2021, by section 24 of the Residential Tenancies Amendment Act 2020 (2020 No 59).