Tenancy laws
As home ownership becomes less affordable, the private-sector rental market is expanding. About one third of Kiwis now rent and the number of landlords grows almost every day.
Wednesday, February 23rd 2005, 4:04AM
by The Landlord
It's time, say experienced landlords, to update the Residential Tenancies Act to cope with these changes in our society.The 1986 act is being reviewed. Interested parties have until February 18 to comment on a government discussion paper that covers issues such as whether landlords and property managers should have to be registered, whether there should be a `quality mark' for their services, and whether standards for rental properties should be set out in the law.
As the legislation stands, if you are a landlord you cannot help but think that tenants are a protected species. Of 13 unlawful acts prescribed, 11 are targeted against landlords, one against tenants and one against both, says Scotney Williams of the Tenancy Practice Consultancy in Auckland. The only unlawful act for a tenant is failure to allow right of entry to the landlord, while neither party can change locks without the consent of the other. Unlawful acts are not crimes, but civil wrongs are decided by the Tenancy Tribunal, and carry financial punishment.
"Achieving a fairer balance in terms of unlawful acts is one change landlords would like made in the new act,'' says Williams. Others include:
A database of decisions about tenants made public so that landlords can conduct checks on tenant applicants
The end of fixed term tenancies in favour of periodic tenancies seen as a one-way commitment
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