Am I a flatmate or a tenant, and does it matter?

It matters a lot. If your name is on the tenancy agreement with the landlord, you are a tenant. The Residential Tenancies Act 1986 protects you, and you are on the hook to the landlord for all of the rent and any damage. If your name is not on it and you pay someone else who is, you are a flatmate. The Act does not cover you, and your rights come from whatever you agreed with that person.

Many people flat for years without knowing which side they are on. Then a flatmate leaves, a bond goes missing or the power bill is not paid, and it turns out the answer decides who can be chased, who can take a case, and where.

The basics

• Tenants have signed a tenancy agreement with the landlord. The Act covers them, and only the landlord can give them notice to leave.
• Tenants are jointly responsible. Each tenant is responsible for all of the rent and any damage, not just their own share. If one tenant falls behind or causes damage, the others may have to pay.
• Flatmates share the home but are not on the tenancy agreement. Someone else signed it. They owe the tenant their share of the rent, and they do not answer to the landlord for rent or the condition of the property.
• The Act protects tenants, not flatmates. Tenancy Services says this plainly. A flatmate's rights depend on their agreement with the tenant.
• "Head tenant" is not a legal term on the Tenancy Services pages. In everyday use it means the tenant who signed and has flatmates paying them. In law that person is simply the tenant, and they stay responsible to the landlord.
• Room-by-room tenancies are different. Where a property has five tenants or fewer and the landlord does not live there, each person can have their own tenancy agreement with the landlord. They are tenants, so the Act applies to them. Flatmates can also agree to "contract in" to the Act if everyone agrees, and they should say in writing which parts apply.
• A flatmate is not a subletter. Tenancy Services says a flatmate who shares the property and facilities with the tenant is not subletting. But if you give someone exclusive use of part of the home, or move out and rent it to someone else, that can be subletting, and you need the landlord's written consent.
• Disputes go to different places. The Tenancy Tribunal only hears landlord and tenant disputes. Problems between flatmates, or between tenants, can go to the Disputes Tribunal.

How it plays out in real life

• Rent split: $840 divided by 3 tenants is $280 each if the three tenants carried the rent alone. With Jo paying a share to Hemi, the three might drop their own share, but the landlord does not care. The landlord looks to all three tenants for the full $840.
• Maximum bond: If the landlord charges a general bond, the most is 4 weeks' rent. That is 4 x $840 = $3,360, or $1,120 each for the three tenants.
• Jo leaves owing two weeks: Jo owes Hemi 2 x $220 (Jo's weekly share, in this example) = $440. The landlord is still owed the full rent by the three tenants. Hemi has to cover the gap first, then chase Jo.
• Chasing Jo: Hemi cannot use the Tenancy Tribunal against Jo. The Disputes Tribunal is the place, and the strength of the claim depends on what was agreed and what is written down.

If instead Jo had been named on the tenancy agreement, Jo would be a tenant. The landlord could chase Jo for the whole amount, and the Tenancy Tribunal would be the right place for a landlord claim.

Bond and rent between flatmates

• Tenants' bond: The tenant pays the bond. The landlord must lodge it with Tenancy Services. A landlord cannot take anything other than money as bond.
• Flatmates' bond: Tenancy Services notes that flatmates not named on the agreement can pay their bond to the head tenant. That money is a private arrangement. It is not lodged with Tenancy Services, so there is no official record that it exists.
• When a tenant leaves: If some tenants leave and at least one stays, the change of tenant process applies. Tell Tenancy Services within 10 working days. If everyone leaves, the landlord lodges a bond refund request instead.
• The leaving tenant's share: Tenancy Services does not decide what a leaving tenant is paid by the incoming one. That is for the people involved to sort out, so write it down.
• Rent: Whatever a flatmate pays is between them and the tenant. The landlord's rent is the tenant's debt.

The catch

• Your name on the agreement is your risk. If you sign for the whole house, you are the one the landlord chases, even if a flatmate is the one who did not pay.
• Subletting without consent is unlawful. If the tenancy agreement does not forbid subletting, you still need written consent. Without it you may face a financial penalty of up to $1,000 and may owe the landlord compensation.
• Flatmates have fewer protections. There is no tenancy notice system for flatmates. A tenant cannot be evicted by a flatmate, but a flatmate's right to stay depends on the flatting agreement.
• Tenancy Services cannot help with flatmate fights. Try Community Law and Citizens Advice for free advice.
• Insurance is easy to forget. Tenancy Services recommends tenants have personal liability insurance, because joint responsibility can leave you paying for someone else's damage.
• Unsure which one you are? For room-by-room set-ups, you can apply to the Tenancy Tribunal for a determination.

A written flatting agreement

Tenancy Services has a free flat/house sharing agreement template in Word and PDF. It is for flatmate or boarder arrangements only, not boarding house tenancies. Use it to put down:

• Who the tenants are and who the flatmates are.
• The rent each person pays, when, and to whom.
• Each person's bond amount, who holds it, and how it is returned.
• How power, internet and other bills are split.
• How much notice a flatmate must give before leaving.
• What happens if someone damages something.

It will not make a flatmate a tenant, but it gives you something solid to show a Disputes Tribunal referee.

Do this next

1. Find your tenancy agreement and check who is named on it. That tells you whether you are a tenant or a flatmate.
2. If you are a tenant, check whether the agreement limits flatmates or subletting. If it does, or you are unsure, get the landlord's written consent first.
3. Get a flatting agreement signed by everyone, using the Tenancy Services template.
4. Keep proof of every payment you make, including bond, and keep texts and emails about money.
5. If a flatmate leaves, agree in writing who pays what, then notify Tenancy Services within 10 working days if a tenant on the bond is leaving.
6. If a dispute with a flatmate cannot be settled, talk to Community Law or Citizens Advice, then consider the Disputes Tribunal. The claim limit is currently $60,000, but check the fees on their site.

Common questions

Can my landlord evict my flatmate?

The landlord's relationship is with the tenants. Only the landlord can give a tenant notice. Whether a flatmate can be asked to leave depends on the flatting agreement and any limits in the tenancy agreement.

Can I take a flatmate to the Tenancy Tribunal?

No. It hears only landlord and tenant disputes. Disputes between flatmates, or between tenants, can go to the Disputes Tribunal.

Do I have to put a flatmate's bond with Tenancy Services?

Not for a flatmate. Tenancy Services says unnamed flatmates can pay their bond to the head tenant. Write down the amount and how it will be returned.

What if a tenant leaves mid-lease?

If at least one tenant stays, use the change of tenant process and tell Tenancy Services within 10 working days. The departing tenant is still bound by the original agreement unless the landlord agrees otherwise, so check with the landlord.

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Last reviewed 30 October 2026. Written by Streetwise from the official pages listed above. General information only, not legal or financial advice.