Buying guide

Boarding houses: Everything landlords & tenants need to know

Including boarding house tenancy agreements

Last updated: 10 July 2024


Boarding houses operate a little differently to standard tenancies. So if you’re a boarding house landlord or tenant, it’s handy to know the laws and your rights, just in case. 

What is a boarding house?

Boarding houses, sometimes known as shared accommodation, are homes or buildings that are rented out by the room. Each tenant or boarder will have their own room, (or space to sleep in a room, like a bunk room), then facilities like kitchens, bathrooms and lounges are shared communally. 

A boarding house landlord must have (or intend to have) at least six tenants at any time and each tenancy must last (or be intended to last) at least 28 days. 

Boarding house tenancy agreements

Boarding house tenancies must have a written tenancy agreement that is signed by both the tenant and landlord, just like a normal tenancy. This boarding house agreement must include:

  • The landlord’s contact details. 

  • Contact details of any agent the landlord may use, such as a property manager. 

  • The length of the tenant’s stay (28 days, or more).

  • The amount of rent. 

  • Rules for the boarding house, attached. 

  • Body corporate rules if applicable. 

  • The maximum number of tenants or occupants. 

  • Details of the tenant’s private use area and communal shared areas. 

  • A description of fire evacuation procedures. 

  • Any services provided by the landlord as part of the agreement. 

Download a template boarding house agreement from Tenancy Services New Zealand. The landlord cannot add any extra conditions to the agreement that would breach tenancy law, for example the landlord cannot require the tenant to professionally clean the carpets after they leave. 

Boarding house laws

Boarding houses follow similar rules as regular tenancies, with a few key things to note:

They must be Healthy Homes compliant

All boarding houses, except for those operated by Kāinga Ora or a community housing provider, must meet healthy homes standards, meeting minimum requirements for heating, insulation, ventilation and drainage. Non-compliant landlords can be charged large fines. 

Read more about Healthy Homes compliance. 

Boarding houses have similiar rules as normal residential tenances with a few key differences.

Boarding house landlords can charge bonds

Boarding house bonds can be a maximum of four weeks rent in order to cover unpaid rent or damage to the property when the tenancy ends. The landlord must lodge any bonds over one week’s rent with Tenancy Services within 23 working days of receiving it and provide a receipt to tenants. 

Rent can be increased

Rent in boarding houses can be increased, but only with 28 days’ written notice. Rent can only increase once every 12 months and a landlord cannot ask for more than 2 weeks’ rent in advance. 

Rules should be clearly communicated

Any boarding house rules should be clearly communicated and included in the tenancy agreement. These may include rules about respecting other tenant’s private enjoyment of the property, and tidying up after yourself in communal areas. The rules cannot breach the Residential Tenancies Act and the landlord must provide seven days written notice of any rule changes.

Maintenance and inspection rules must be followed

Rules around the landlord or landlord’s agent performing maintenance or inspections are the same as the normal residential rental rules, with a few exceptions:

  • The landlord can never interfere with the tenant’s quiet enjoyment of the premises. 

  • The landlord can enter the boarding house, but not the tenant’s rooms at any time. 

  • Inspections must happen between 8am and 6pm. 

  • Rooms can be inspected every four weeks. 

  • Landlords must give 24 hours notice to inspect a room. 

  • The landlord can re-check a room by providing 24 hours notice if the tenant has agreed to fix something. 

The landlord must make sure the boarding house is in reasonable condition, and is safe and healthy to live in. The communal areas should be kept in a reasonable state of cleanliness. 

Landlords can set rules for boarding houses as long as they don't contradict the Residential Tenancies Act.

Other boarding house rules

  • Smoke alarms must be installed within 3 metres of every bedroom door. 

  • Smoke alarms must be installed on each level if there are multiple stories. 

  • These smoke alarms must be working at the time the tenancy starts. 

  • The landlord must provide enough locks to make sure all rooms and the house are reasonably secure. 

  • The tenant must have access to their room/rooms, toilet and bathroom facilities at all times. 

If there’s a dispute

If the tenant has a disagreement with their landlord or tenant, for whatever reason, it’s always best to try and resolve the dispute amicably themselves. It’s important to know their rights and responsibilities if this does happen, so it’s a good idea to get professional advice if they’re not sure what’s right.

Once an agreement is made, it’s a good idea to put it in writing and have both the landlord and tenant sign it. 

On the other hand, if the two parties can’t reach an agreement, the tenant can serve a notice to remedy. This notice tells the other party what they must fix to meet the agreement and/or tenancy law and gives them a timeframe in which they must take action. If that doesn’t work, their last option is to apply to the tenancy tribunal

Read more about property lawyers here

Author

Ben Tutty
Ben Tutty

Ben Tutty is a regular contributor for Trade Me and he's also contributed to Stuff and the Informed Investor. He's got 10+ years experience as both a journalist and website copywriter, specialising in real estate, finance and tourism. Ben lives in Wānaka with his partner and his best mate (Finnegan the whippet).