Renting Guide
How long can a tenant have a guest stay in NZ?
A guide for landlords & tenants
Last updated: 10 July 2024
Maybe Mum’s travelling across the ditch to spend some time with you. Perhaps you're in a brand new relationship and you don’t want to spend a night apart.
Whatever the reason, you’re wondering as a tenant (or a landlord) how long can you have guests to stay?
Tenant guest policy in residential rentals
Tenants have a right to quiet enjoyment of their home, which means that they’re allowed to have guests to stay.
The landlord isn’t allowed to put conditions into the tenancy agreement that impinge on that quiet enjoyment, or go against the Residential Tenancies Act. In other words, if your landlord has tried to ban guests, limit the length of their stays, or require tenants to notify them of guests, those rules aren’t legal or enforceable.
So there’s no problem with Mum sleeping in the spare bed for a few weeks, a mate crashing on the couch, or a significant other staying a couple nights a week.
How long is too long?
While a landlord can’t restrict guests, they can place a limit on the number of occupants allowed in their residential rental. Occupants are people who ordinarily live in the property.
If a visitor stays for too long, the line between guest and occupant can get blurry – but how long is too long? There’s no set maximum number of days a guest can stay and the line is not clearly drawn in the Residential Tenancies Act, so it’s best to use common sense to decide when a guest has become an occupant.
When guests become occupants
The person has moved in their furniture or pet.
They have no other place to stay.
They’ve started paying regular rent and are sharing the cost of utilities or groceries.
They are getting mail sent to the address.
It can be hard to know how long is too long.
What landlords can do
When guests cross the line and become occupants, landlords should raise the issue with the tenant amicably. If the tenant does not fix the problem then the landlord can issue a 14 day notice to remedy – an official letter that tells the tenant what they’ve done to breach the agreement, what they need to do to fix it, and how long they have to make it right.
If the tenant does not remedy the problem within the given time frame the landlord can apply to the Tenancy Tribunal.
Rental property dispute? Help is available
It’s always best to resolve disputes amicably with your landlord or tenant, but if you need support or extra advice, it’s always available:
Tenants and landlords can call 0800 Tenancy for free advice.
Tenants and landlords can apply to the Tenancy Tribunal for mediation.
Community law organisations and Citizens Advice Bureaux may also be able to provide advice.
Like most things in life, if tenants and landlords use common sense when it comes to guests, problems can be easily avoided. If a dispute does kick off it doesn’t hurt to get legal? advice right away to make sure you understand your rights.
DISCLAIMER: The information contained in this article is general in nature. While facts have been checked, the article does not constitute an advice service. The article is only intended to provide education about rental properties in New Zealand. Nothing in this article constitutes a recommendation or specific advice. We cannot assess anything about your personal circumstances, or your rental property. Before making decisions about property, we highly recommend you seek professional advice.
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