New Zealand Property Investors' Federation

The NZPIF is the umbrella body for 20 local Property Investors' Associations throughout New Zealand.

(027) 357 9243

www@nzpif.org.nz

RESIDENTIAL TENANCIES ACT (RTA)  REVIEW  - 17 November 2019

WHAT IS PROPOSED

The Government's 2018 review has created a final set of proposed changes.  See the full proposals at www.hud.govt.nz .  Below is a summary.

PROPOSALS

  • Landlords can no longer issue a no-fault 90 day notice to end a periodic tenancy. The tenant can stay as long as they like.

  • The only specific reasons a 90 day notice can be issued are:
    • Property has sold with vacant possession
    • To use the premises for business
    • For extensive alterations
    • Demolishing the property

  • Fixed term tenancies don't really exist anymore – a tenant can extend their tenancy WITHOUT the landlord's consent. 

  • Tenants can assign their tenancy to another tenant; landlords can no longer prohibit a tenant from assigning their tenancy.

  • Landlords will need to apply to the Tenancy Tribunal to end tenancies where tenants are not meeting their obligations.

  • New PENALTIES against landlords:  MBIE can request higher CIVIL PENALTIES against certain landlords.

  • Landlords to become CRIMINALS. MBIE to issue ‘ INFRINGEMENT NOTICES'  with fines to landlords of between $500 - $1000.  These will be criminal notices

  • Rent:   Rent increases are only once every 12 months. ‘Rent Bidding' not allowed

  • Also proposals regarding:
    • Tenants making modifications to rental properties
    • Tenants' names may be removed from ‘ Tribunal Decisions – online"
    • Increase in the Tenancy Tribunal jurisdiction from $50,000 to $100,000

 

Survey - what rental property owners think about the changes.

The NZPIF membership survey was conducted between Friday 22 November and Monday 9 December 2019. There were 2,603 participants which is almost twice as many as the previously largest survey, which in itself was nearly twice as large as our previous surveys. This likely reflects a higher depth of concern for these proposals. Read a summary here