Is a tenancy agreement valid if I don't actually live in the flat in the agreement, but another flat in the block?

Question Details: I live in flat number 6 in a block owned and rented out by my landlord. I have been living here for over a year, and when I was looking at my tenancy agreement I suddenly realised the agreement referred to flat number 7. I have been living in the wrong flat! I asked my landlord and he won't change the agreement. Is it still valid? Can I do anything about this?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Your tenancy agreement is still valid, but you might want to email or write to your landlord to get the error on record.

A tenancy agreement doesn't have to be in writing to be valid. (But there should be a written agreement!) If your landlord has allowed you to live in your current flat and you have paid rent regularly, then having the wrong flat number on a written tenancy agreement does not make your tenancy invalid.

You may like to write to the landlord and point out the error in your tenancy agreement. This will record your understanding in case a dispute arises later.

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