Government proposes raft of tenancy law changes

Araft of new law changes for rental homes will see landlords under greater scrutiny when attempting to evict bad tenants.

Under the current law, landlords may end a periodic tenancy for any reason as long as they give 90 days’ notice. Included in a suite of changes is a recommendation to end “no-cause evictions”.

If a landlord wants to evict simply for troublesome behaviour, they must apply to the Tenancy Tribunal and produce three examples of the tenant’s bad behaviour over a three-month period.

These prohibitions will hamstring many landlords, who may have to justify the proposed eviction to the Tenancy Tribunal.

Many landlords will struggle to provide evidence of antisocial behaviour or may become frustrated by behaviour that continues to be disruptive but outside the three-month time limit.

Under this proposal, landlords will no longer have the final say when terminating a tenancy. Rather, the Tenancy Tribunal will assess the complaints and determine whether eviction is warranted in the circumstances.

It is also proposed that landlords be banned from encouraging the controversial practice of “bidding wars” between potential tenants and that rent increases be restricted to once a year instead of the once every six months currently allowed.

Where the property is being sold or a member of the landlord’s family requires the property, the notice requirement is reduced to 42 days’ notice. It has been proposed that this increase to 63 days in the case of the landlord or family moving in to the property and 90 days where the property has been sold. The bill recommending changes to the Residential Tenancies Act 1986 is expected to be introduced early this year.

Former WHS student, Petra Allen / Let's Talk Law
Whanganui Chronicle 22/1/20


(*) Last Reviewed: January 22, 2020

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