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Tenant damage liability changes unfair

NZPIF executive officer Andrew King
Thursday 19th of April 2018

The Governance and Administration Select Committee reported back on the Residential Tenancies Amendment Bill (No.2) earlier this week and its proposed changes have left the NZ Property Investors Federation unhappy.

The Bill, which was drafted in response to widespread dismay over the fallout from the controversial Osaki ruling, was meant to address the issue of tenant liability for damage to rental properties.

But rather than clarifying the situation and rebalancing the responsibility for damage back towards tenants, the Select Committee’s recommendations further complicate the issue.

The Bill states that, assuming a property is insured against damage, a tenant’s liability is limited to either the applicable excess under the insurance or four weeks rent under the tenancy agreement - whichever is lower.

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