Landlords: Rental law changes will hamper eviction

Landlords say they feel under siege with the government planning to make it tougher for them to boot out troublesome tenants.

Renters argue they should have the right to address complaints when facing something as disruptive as being removed from their home, and say good landlords have nothing to fear from the changes.

Associate Housing Minister Kris Faafoi has unveiled a suite of changes to rental laws including an end to "no-cause evictions" when landlords cancel open-ended tenancies, without providing a reason as they long as they give 90 days notice.

Under the new regime, if a landlord wanted to evict a tenant for bad behaviour, they would have to apply to the Tenancy Tribunal with three examples over three months. Egregious cases would require just one offence.

Property Investors' Federation president Andrew King says the proposal is "well-intentioned" but misguided and will have serious consequences.

Landlords will find it "extraordinarily hard" to provide evidence of anti-social activity as upset neighbours were often reluctant to speak to authorities, he says.

"There could be intimidation, there could threats, there could be physical violence.

"It may mean that good people, good neighbours end up moving, instead of the people perpetrating the bad behaviour."

Speaking to RNZ, Property Managers' Institute president David Pearse objected to perception that they are tossing people out on the street "willy-nilly".

"At the moment, property managers probably feel like farmers, [we] feel as if we've been unduly focused on.

"No landlord just wants to chuck out a good tenant," he says. "The 90-day notice has been used for ... all sorts of anti-social behaviour or drug use in the property."

The Tenancy Tribunal is already overworked and will likely become bogged down by the new process, says David.

Robert Whitaker - from the lobby group Renters United - told RNZ landlords "had nothing to fear" from the changes.

"It's pretty tough out there at the moment for renters - and once you do find a good place, it's really, really important that you can stay in it," he says.

Robert says it's "totally reasonable" for the Tenancy Tribunal, rather than landlords, to make the final call regarding complaints about a tenant's bad behaviour.

"It's a basic principle of natural justice that if something is going to disrupt your life as much as being forced out of your home, that you [should] have to right to address those allegations."

Other proposed changes to the Residential Tenancies Act include tougher penalties for law-breakers, restricting rent hikes to once a year, and banning landlords from pitting tenants against each other in bidding wars.




3 Comments

Overit

Posted on 18-11-2019 15:17 | By overit

I had been thinking in reinvesting into another rental, after reading this, NO THANKS.

The header is misleading

Posted on 18-11-2019 12:40 | By SML

as the new provision "Under the new regime, if a landlord wanted to evict a tenant for bad behaviour, they would have to apply to the Tenancy Tribunal with three examples over three months. Egregious cases would require just one offence." means we wouldn’t have gone through the year from hell from the tenants next door, as sometimes there were 3 or more breaches (violence, threats, noise, harassment and more) in a week, not 3 months!

That's it we're selling our rental

Posted on 18-11-2019 12:40 | By lpm67

We rent out our flat until we need it for retirement, we can’t afford to live in it and are living in a van. This other changes are making even that too hard. So I’m sorry for my tenant but I’m selling up.

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