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A Lodger Agreement is a legal contract between a homeowner and someone who rents a room in their house while the owner continues living there. It differs from a standard tenancy because the lodger shares living spaces like the kitchen and bathroom with the homeowner, making it a more informal arrangement under NZ housing laws.

These agreements protect both parties by spelling out key details like rent payments, house rules, and notice periods. While not as strictly regulated as residential tenancies, lodger arrangements still need clear terms about access to shared facilities, bill payments, and basic rights - especially since the Residential Tenancies Act doesn't fully cover live-in landlord situations.

Use a Lodger Agreement when renting out a room in your home while continuing to live there yourself. This arrangement works particularly well for homeowners looking to earn extra income or share expenses, especially in high-cost areas like Auckland or Wellington. It's also ideal for temporary arrangements, like hosting international students or seasonal workers.

The agreement becomes essential when sharing facilities like kitchens and bathrooms with your lodger. While less formal than a standard tenancy, having clear written terms prevents disputes about rent, bills, house rules, and notice periods. It's particularly important for protecting both parties' rights since standard residential tenancy laws don't fully apply to live-in landlord situations in NZ.

• Fixed-term lodger agreements: Set specific start and end dates, ideal for student accommodation or temporary workers needing medium-term housing
• Periodic lodger agreements: Rolling month-to-month arrangements offering more flexibility for both parties
• All-inclusive agreements: Cover rent plus utilities, internet, and other services in one payment
• Basic room-only agreements: Focus solely on room rental with separate arrangements for bills and services
• Special purpose agreements: Tailored for specific situations like holiday homestays or live-in caregivers, with custom terms for unique living arrangements

• Homeowners: Act as live-in landlords, providing accommodation while continuing to occupy their property
• Lodgers: Individuals renting a room and sharing facilities, often students, working professionals, or temporary residents
• Property Lawyers: Review or draft agreements to ensure legal compliance and protect clients' interests
• Property Managers: Help homeowners manage lodger arrangements, especially in multi-room situations
• Educational Institutions: Often refer to these agreements when placing international students in homestay arrangements
• Insurance Companies: Consider these agreements when assessing property coverage and liability risks

• Property Details: Note room size, shared facilities, and any included furniture or appliances
• Rental Terms: Determine weekly rent, payment method, bond amount, and bill-sharing arrangements
• House Rules: List expectations about guests, noise, cleaning duties, and use of common areas
• Personal Information: Gather full names, contact details, and references for all parties
• Duration: Decide on fixed-term or periodic arrangement, start date, and notice periods
• Insurance: Check your home insurance policy covers lodger arrangements
• Documentation: Prepare room condition report and take photos before occupancy begins

• Party Details: Full names and contact information of homeowner and lodger
• Property Description: Address and specific areas included in the agreement (room, shared spaces)
• Payment Terms: Rent amount, due dates, payment method, and bond details
• Duration Clause: Agreement start date, term length, and notice period requirements
• House Rules: Clear terms about guests, noise, cleaning, and shared facility use
• Utilities Agreement: Breakdown of responsibility for bills and services
• Termination Rights: Conditions for ending the agreement and notice requirements
• Signatures: Dated signatures of all parties to make the agreement legally binding

A Lodger Agreement differs significantly from an Agency Agreement, though both involve managing property rights. The key distinction lies in their purpose and relationship structure.

• Living Arrangement vs Business Relationship: Lodger Agreements govern shared living spaces between homeowner and tenant, while Agency Agreements establish professional representation rights
• Legal Framework: Lodger Agreements operate under residential housing laws with specific exemptions for live-in landlords. Agency Agreements fall under commercial law and professional services regulations
• Duration and Flexibility: Lodger Agreements typically offer more informal, flexible terms for ending the arrangement. Agency Agreements often have stricter termination clauses and longer commitment periods
• Rights and Obligations: Lodgers have limited property rights and share facilities. Agents have specific authority to act on behalf of their principal in property matters