It’s important to know the difference between tenants and flatmates, and how the law applies to you.

Moving into your first flat can be a thrilling milestone in your life. The freedom and independence that come with finding your own space are unparalleled. However, before embarking on this new adventure, it is crucial to comprehend the distinction between tenants and flatmates and how the law applies to each category. Understanding your rights and responsibilities will ensure a smooth transition into your new home. In this blog post, we will explore the differences between tenants and flatmates and shed light on the legal implications associated with each role.

What is a Tenant?

When you sign a tenancy agreement with a landlord, you become a tenant. As a tenant, you hold legal responsibility for the rented property. All tenants listed on the agreement share collective responsibility for paying rent and any damages that may occur, irrespective of individual shares.

The Residential Tenancies Act 1986 (the Act) governs the rights and obligations of tenants and landlords. Only landlords have the authority to serve eviction notices to tenants. It’s important to note that if one tenant causes damage or fails to pay rent, all other tenants can be held liable for the consequences. Therefore, it is prudent for tenants to consider obtaining personal liability insurance to protect themselves in case they are held accountable for damages or debts caused by another tenant.

A Guide for New Tenants:

For those entering the realm of tenancy for the first time, it’s crucial to understand your rights and responsibilities. Familiarise yourself with the provisions of the Residential Tenancies Act 1986 to ensure you are well-informed. The Act outlines regulations regarding rent payment, repairs and maintenance, notice periods, and other important aspects of the tenancy agreement. Being aware of your rights and obligations will empower you to navigate any challenges that may arise during your tenancy.

Sorting Out Problems:

In the event of disputes or issues concerning the tenancy, the Tenancy Tribunal serves as the appropriate avenue for resolution. The tribunal specialises in landlord-tenant conflicts and ensures that disputes are handled fairly and impartially. Seeking recourse through the Tenancy Tribunal can help resolve conflicts and protect the rights of both tenants and landlords.

What is a Flatmate?

If you are sharing a rental property where someone else has signed the tenancy agreement, you are considered a flatmate. As a flatmate, you occupy the property without being a party to the tenancy agreement. Consequently, your responsibilities primarily lie with the tenant rather than the landlord.

Flatmates are not covered by the Residential Tenancies Act 1986. Instead, the rights and obligations of flatmates are determined by the agreement they have with the tenant. To establish clarity and avoid potential conflicts, it is advisable to document your flat-sharing agreement in writing. Utilising a flat-sharing agreement template can assist in outlining expectations, rent-sharing arrangements, and other important details to ensure a harmonious living environment.