Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Tenancy agreements - Rights and obligations of parties

43C: Effect of assignment by tenant

You could also call this:

“ When a tenant hands over their rental agreement to someone else, they're no longer responsible for it, but they still have to deal with any problems from before. ”

When you’re renting a place and you want to assign (transfer) your tenancy to someone else, you need to get your landlord’s permission first. If your landlord agrees and you follow any rules they set for the assignment, you won’t be responsible for the tenancy duties after the date the assignment takes effect. This means you won’t have to deal with the obligations in your tenancy agreement or the Residential Tenancies Act from that point on.

However, it’s important to know that this doesn’t erase any responsibilities you had before the assignment date. If you did something wrong or failed to do something you were supposed to do before the assignment, you’re still accountable for those actions or inactions.

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 It might be out of date or be missing some parts.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=LMS451317.

Topics:

Housing and property > Renting

Crime and justice > Courts and legal help

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.”

44: Subletting or parting with possession by tenant, or

“Rules about letting someone else use your rented home without the landlord's permission”

Part 2 Tenancy agreements
Rights and obligations of parties

43CEffect of assignment by tenant

A tenant who assigns the tenancy with the consent of the landlord and in accordance with any conditions attached to the consent ceases, on the date on which the assignment takes effect, to be responsible to the landlord for the obligations imposed on the tenant by the agreement and this Act.
Subsection (1) does not affect any liability already incurred by the tenant to the landlord for anything done or omitted to be done before the date on which the assignment takes effect.

Notes

Section 43C: inserted, on 11 February 2021, by section 24 of the Residential Tenancies Amendment Act 2020 (2020 No 59).