Room-by-room tenancies

Each tenant in a room-by-room tenancy has a separate legal relationship with the landlord, and they should each have their own tenancy agreement. This means they are individually liable for their own rent payments and for any damage they do to the property, but are not responsible for the actions of other tenants.

This is different from a tenancy where all the tenants sign one tenancy agreement and are together and separately liable to the landlord for paying for rent, and for any damage caused (s 276 Property Law Act 2007).

Sometimes however, a tenancy with one tenancy agreement (or no written agreement) may be a room-by-room tenancy, if the agreement or the circumstances show that this was the intention. For example, if the tenancy agreement states how much rent each individual is to pay, this may be evidence to say that it is a room-by-room tenancy. See the case studies below for examples of where the Tenancy Tribunal has found there to be a room-by-room tenancy.

In a room-by-room tenancy, the tenant only has control over their room (and shared use of the facilities). This means they may not get to choose who they live with. A tenant can easily ask a flatmate to leave if they are untidy, or don’t enjoy flatting with them. They can’t do this in a room-by-room tenancy, as each person has their own legal right to live there.

A tenant can ask the landlord to deal with an annoying tenant on the basis that their right to quiet enjoyment is being affected. Tenants should be aware, however, that a landlord can’t just kick out another tenant because the others don’t like them. The landlord has to act in accordance with the law, and has to treat everyone fairly.

Disputes can arise between co-tenants if damage is caused and it isn’t clear who caused it. For example, if a pipe bursts and no-one tells the landlord, the tenants may be held jointly liable for any damage that is caused. Generally, any tenant who notices damage should report it to the landlord. If the tenant is clear that they are not responsible they can deny liability and it would be for the landlord to prove.

It’s generally a good idea to have written house rules in a room-by-room tenancy, although the law doesn’t say that these are a requirement. House rules are rules about the use and enjoyment of the premises, particularly about the use and cleaning of shared facilities, and expectations around noise.

A room-by-room tenancy can be fixed-term or periodic. It may also be part of an employment arrangement (a service tenancy). The rules of ending those tenancies will apply to the room-by-room tenancy.

In a room-by-room tenancy the tenant has control over the tenancy of their room, regardless of the plans of the other co-tenants. This means that one tenant can leave without affecting the tenancies of the others. The landlord must deal with them individually in terms of ending any tenancies, rather than as a group.

If a person rents a bedroom in a house that the landlord / owner or their family normally lives in, and there are less than 6 people boarding there, and their agreement doesn’t say that the Residential Tenancies Act 1986 applies, then they are likely to be a boarder in a private house (see ss 5(1)(n), 8 and 66B RTA). Private boarders are not covered by the protections in the Residential Tenancies Act - see more here.

If there are at least 6 tenants in the house at any one time (or the landlord intends that there could be), and the tenant rents a particular room, the house is likely to be a boarding house (s 66B RTA). It doesn’t matter whether the landlord lives there or not. Boarding houses are covered by the Residential Tenancies Act 1986, but there are special rules that apply to them.