Providing accommodation for workers
Providing accommodation for a worker to live during their employment is called a service tenancy. This is includes Recognised Seasonal Employer (RSE) workers.
All service tenancies need a written tenancy agreement. Even if the tenant doesn’t pay rent, it’s still a service tenancy and the Residential Tenancies Act 1986 applies. The tenancy agreement can sometimes be part of the employment contract, but it’s better if they’re separate.
Landlords and tenants are responsible for meeting their obligations under tenancy law. For landlords, this includes ensuring the property is maintained to a reasonable standard, has appropriate working smoke alarms, meets health and safety requirements, and is compliant with the healthy homes standards. Landlords must also provide the tenant with certain information and statements, including an insurance statement, insulation statement and healthy homes standards compliance statement.
Deducting rent from wages
You can deduct the rent directly from the worker’s pay each pay period. This can only happen if:
- the worker agrees;
- it is in their employment contract; and
- it complies with employment law.
If there is a longer pay period (eg, due to a holiday) the landlord can deduct the rent for that same longer period.
More information about service tenancies and healthy homes can be found at Tenancy Services
More information about providing accommodation for RSE workers can be found at Immigration New Zealand