Residential Tenancies Act 1986, s 43B
If you want to make an assignment, all you have to do is give your landlord the name and contact details of the person you want to assign your lease to and get consent from the remaining tenants. You have to do this in writing such as by letter or email. This can be done at any time during your lease and it doesn’t matter whether it’s a fixed-term or periodic lease.
It’s illegal for your landlord to ignore your request, and they’re not allowed to unreasonably refuse. They’re also required to respond in writing in a timely manner. This means they have to make a decision based on the information you provide them, and if they refuse the assignment, they need to give reasons why, which may put you in a position to address their concerns.
If your landlord agrees, they can put conditions on the assignment and charge for the costs of the process. However, this has to be reasonable and they need to give you a breakdown of the fees. ‘Reasonable’ is what a reasonable person would do in the circumstances.
Example: Reasonable conditions and the need for agreement
Case: [2021] NZTT 4299844
The tenant lived with her partner and kids. She texted her landlord that she was breaking up with her partner and wanted to leave the tenancy, asking if she could transfer it to him. The landlord replied that the tenancy would need to be changed if she was leaving. After providing a reference for her new flat application, the landlord emailed the tenant saying she needed to pay overdue rent and repair some property damage to end the tenancy. The tenant didn’t do any of these things.
The tenant argued she had been released from the tenancy on the day she texted saying she wanted to leave. But the Tribunal found that this wasn’t enough for an assignment. This was because she had only asked if it was possible to assign. She didn’t give more detail about it and her intention to go ahead with it, so there was never an agreement about it between her and the landlord.
The Tribunal went further and said that even if the landlord and tenant had concluded an agreement, it came with the conditions to pay overdue rent and repair damage. The Tribunal found that these were reasonable conditions and they hadn’t been followed.