Flatting & Group Tenancies
It can be common to see ‘ flatting ’ arrangements where a group of people are living in a property , however , only one or two members of the group are listed as tenants on the tenancy agreement or bond lodgement form .
It ’ s important to know the difference between tenant and flatmate rights and how the Residential Tenancies Act 1986 may or may not apply to each situation .
If you are not listed on a tenancy agreement or bond form it ’ s likely you are a flatmate and therefore not covered by the Residential Tenancies Act 1986 .
Some general advice :
Tenants
• If you are listed on the tenancy agreement that has been signed by your property manager , you are a tenant and legally responsible for the property .
• Tenants are responsible for all of the rent and any possible damage done to the property , not just their own share .
• Tenants are covered by the Residential Tenancies Act 1986 and can get advice from Tenancy Services at any time about renting issues ( Ph : 0800 836 262 ).
• Tenants listed on the tenancy agreement have the right to live in the property and cannot be asked to leave by another tenant or flatmate .
• If everyone living in the flat has signed the tenancy agreement , you all have tenancy rights and obligations .
• Anyone who moves into a flat and signs a tenancy agreement along with any other tenants is taking on shared responsibility for the whole tenancy . This is called ' being jointly and severally liable '. If one of the tenants causes damage to the property or gets behind in paying rent , all of the other tenants can be held responsible and may have to pay the debt if the offending tenant does not .
• It is wise for tenants to take out personal liability insurance to cover the event where they may be held responsible for debt or damage caused by another tenant or one of their flatmates .
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