tmmonline.nz  |   landlords.co.nz        About Good Returns  |  Advertise  |  Contact Us  |  Terms & Conditions  |  RSS Feeds

NZ's Financial Adviser News Centre

GR Logo
Last Article Uploaded: Tuesday, May 17th, 8:01PM

News

rss
Latest Headlines

Testing makes sense

Chorus recommending that landlords get rental properties meth tested grows in the wake of a Tenancy Tribunal warning.

Friday, April 22nd 2016, 11:00AM

by Miriam Bell

Political accusations, along with this week’s release of the Illicit Drug Monitoring System (IDMS) study, mean meth contamination of rental properties has hit the news again.

In worrying news for landlords, Massey University’s annual IDMS study shows the availability of meth has increased, particularly in Auckland and Christchurch.

A police spokesperson told media that police were seeing increased meth usage “across the board”.

Meanwhile, New Zealand First has accused Housing New Zealand of breaching tenancy law by putting people into state houses without testing for meth contamination first.

The party’s social development spokesperson Darroch Ball said that, under the Residential Tenancies Act, landlords must provide a clean property.

"If landlords rent a property that is contaminated they are breaching their obligations under this law.”

For this reason, landlords should test for any signs of meth before they rent a property, Ball said.

"Landlords were warned this month by the Tenancy Tribunal that they will not be able to hide behind a lack of knowledge of meth contamination if the likelihood is overwhelming.”

As landlords.co.nz has reported, there is a lot of uncertainty and confusion about what landlords should do when it comes to meth contamination of rental properties – be it actual or potential.

However, as suggested by Ball, a recent Tenancy Tribunal decision could provide insight into the expectations of the Tribunal.

Adjudicator Mark Benvie ordered a landlord to pay over $7,500 to his former tenants to refund rent and compensate them for the disposal of their belongings after the property they were renting was found to be meth contaminated.

He found that, due to the meth contamination, the property was not fit to be lived in and the landlord had breached the implied term of the tenancy agreement that the premises were habitable.

At the same time, Benvie accepted that neither the landlord, who had bought the property just before the tenants moved in, nor his agents knew the property was contaminated.

In his ruling, he recognised the decision meant the landlord is liable for the consequences of the meth contamination of the property – despite having no knowledge of the contamination.

But Benvie said any landlord who, in 2015 or 2016, rents out his or her premises without having it tested for meth contamination at the commencement of the tenancy is taking on a large risk in a number of respects.

Those working in associated areas recommend landlords heed the warning and get their properties tested.

Independent Property Managers Association (IPMA) president Karen Withers said the association was urging their members to do meth testing after each tenancy.

This means that if any contamination is found they can identify when it occurred and it provides a baseline for the Tenancy Tribunal should they need to take action against a tenancy.

Meth Solutions director Miles Stratford said landlords should do pre and post tenancy baseline testing of properties, conduct rigorous tenant selection processes and regular inspections, and make use of a “meth minder” alarm system.

« Static rents tough for landlordsInsurance shake up »

Special Offers

Comments from our readers

No comments yet

Sign In to add your comment

 

print

Printable version  

print

Email to a friend
News Bites
Latest Comments
  • Brian Gaynor dies
    “RIP - a true icon and such a humble person who helped so many....”
    1 day ago by p simone
  • Brian Gaynor dies
    “Very sad. Condolences to him family....”
    1 day ago by sanet.drury@gmail.com
  • Brian Gaynor dies
    “Brian was someone you would always go and listen to if he was presenting at a seminar or conference, someone you would always...”
    1 day ago by MikeBeuvink
  • Brian Gaynor dies
    “A true champion of the industry. My sincere condolences to family, colleagues and friends. ...”
    1 day ago by Pragmatic
  • [GRTV] AIA rolls out direct life insurance plans
    “Thanks Lifeadviser1, and it is great to see you have been having a play in the system. You are right, in the original...”
    1 day ago by Sam.Tremethick
Subscribe Now

Mortgage Rates Newsletter

Daily Weekly

Previous News

MORE NEWS»

Most Commented On
Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
AIA 5.35 4.49 5.25 5.55
ANZ 5.54 5.15 5.85 6.15
ANZ Blueprint to Build 2.78 - - -
ANZ Special - 4.55 5.25 5.55
ASB Bank 5.35 4.49 5.25 5.55
Avanti Finance 5.45 - - -
Basecorp Finance 6.45 - - -
Bluestone 5.29 7.49 7.59 -
BNZ - Classic - 4.55 5.25 5.45
BNZ - Mortgage One 5.55 - - -
BNZ - Rapid Repay 5.55 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Std, FlyBuys 5.55 5.35 5.94 5.99
BNZ - TotalMoney 5.55 - - -
CFML Loans ▲6.45 - - -
China Construction Bank 5.50 5.40 6.14 6.40
China Construction Bank Special - 4.45 5.19 5.45
Credit Union Auckland 5.95 - - -
First Credit Union Special 5.85 4.70 5.20 -
Heartland Bank - Online 4.00 3.85 4.70 4.84
Heretaunga Building Society 5.95 4.80 5.50 -
HSBC Premier 5.49 4.39 5.15 5.39
HSBC Premier LVR > 80% - - - -
Lender Flt 1yr 2yr 3yr
HSBC Special - - - -
ICBC 5.25 ▲4.29 ▲5.09 ▲5.35
Kainga Ora ▲5.43 ▲4.57 ▲5.58 ▲5.85
Kainga Ora - First Home Buyer Special - 2.25 - -
Kiwibank 5.00 5.55 6.19 6.39
Kiwibank - Offset 5.00 - - -
Kiwibank Special 5.00 4.55 5.19 5.39
Liberty 4.84 - - -
Nelson Building Society 5.95 4.95 5.85 -
Pepper Essential 3.44 - - -
Resimac 4.59 5.60 6.16 6.29
Lender Flt 1yr 2yr 3yr
SBS Bank 5.29 4.69 5.35 5.49
SBS Bank Special - 4.19 4.85 4.99
Select Home Loans 4.09 4.29 4.86 5.09
The Co-operative Bank - First Home Special - ▲4.19 - -
The Co-operative Bank - Owner Occ 5.45 ▲4.29 5.19 5.45
The Co-operative Bank - Standard 5.45 ▲4.79 5.69 5.95
TSB Bank 5.59 ▼5.14 6.05 6.15
TSB Special 4.79 ▼4.34 5.25 5.35
Unity 5.65 ▲4.80 ▲5.50 -
Wairarapa Building Society 5.24 4.55 5.20 -
Westpac 5.54 5.09 5.79 6.09
Lender Flt 1yr 2yr 3yr
Westpac - Offset 5.54 - - -
Westpac Special - 4.49 5.19 5.49
Median 5.45 4.55 5.25 5.52

Last updated: 16 May 2022 9:03am

About Us  |  Advertise  |  Contact Us  |  Terms & Conditions  |  Privacy Policy  |  RSS Feeds  |  Letters  |  Archive  |  Toolbox  |  Disclaimer
 
Site by Web Developer and eyelovedesign.com