Urgency used to hide unworkable tenancy law changes

Jacinda Ardern’s “kind” government rather unkindly wants to push through under urgency this week amendments to residential rental tenancy law that are both unworkable and vicious, Tenancies War spokesman Mike Butler said today.

If the Residential Tenancies Amendment Bill is passed as is:

  1. Section 55A would allow two weeks of unpaid rent every 90 days. This breaches every tenancy agreement which requires rent to be paid as agreed.
  2. Section 36 would permit two separate instances of anti-social behaviour every 90 days. This also breaches every tenancy agreement which forbids anti-social behaviour.
  3. Section 32, which would end contractual terminations by owners, means that the only ways for owners to end tenancies are to renovate, move into, or sell the property.
  4. When considering termination for a serious breach, Tenancy Tribunal adjudicators would be legally obliged to put the personal circumstances of a tenant above the rights of the owner and neighbours, and above fairness and acceptable behaviour.
  5. Schedule 2 would impose massive fines that are far from fair and reasonable. Seventy three of the 87 proposed penalties target owners

The current Government appears to believe that it can fix housing problems by tinkering with the law. The Government appears not to understand that high demand and the diminishing availability of rental property is the problem.

Bear in mind, the current government failed to produce the 30,000 affordable houses in three years that it promised at the last election.

Winston Peters should show that there is at least one adult in this rickety coalition government and help the National Party and Act vote against these unworkable and vicious amendments to the Residential Tenancies Act.

Stop the War on Tenancies is a group that since October 2018 has been highlighting the failure by the Government to create sound policy and law for residential rental property. Much policy has only increased rents and disadvantaged both tenants and owners.

The bill may be read at http://legislation.govt.nz/bill/government/2020/0218/latest/LMS294929.html



Mike Butler

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Will the Nats correct Labour’s rental property errors?

Will the National Party under Judith Collins vote against Labour’s flawed proposed amendments to residential rental tenancy law and correct the rules and penalties to do with rental property standards, Tenancies War spokesman Mike Butler asked today.

The Labour-led Government is trying to push through changes to the Residential Tenancies Act which would mean that:

  1. Rent arrears debts will become larger, and will take longer and become more difficult to resolve.
  2. Noisy, disruptive behaviour becomes much more difficult to manage, creating a problem for owners and neighbours.
  3. Owners won’t be able to end a tenancy except by selling it or moving into the property.

“Will Ms Collins make a commitment that the National Party would vote against residential tenancy law changes when the bill returns to Parliament after scrutiny by the Social Services and Community Select Committee,” Mr Butler asked.

“In addition, would a National-led government revisit the so-called healthy homes regulations that have turned the business of renting into a nightmare of costly compliance,” he asked.

“Seventy three of the 87 proposed penalties target owners and the fine for owners for not complying with the healthy homes standards is $7200,” Mr Butler said.

“Standards are fine but the requirement to re-insulate beyond that required in 2016 is all cost and little benefit and the heating assessment tool (on the Tenancy Services website) is flawed,” he said.

“The whopping fines and the unnecessary extra insulation should be dropped, the heating tool should be amended to correct its flaws, and the standards should be recommendations rather than punishable rules,” Mr Butler said.

“The proposed amendments to tenancy law plus the Draconian penalties linked to housing standards are driving many residential rental property owners to sell,” he said.

“Labour policies are reducing the supply of rental property at a time when tens of thousands are looking for a home to rent,” Mr Butler said.

“New Zealand’s 290,000 rental property owners need to know where the National Party stands as we prepare to vote on September 19,” he said.

Stop the War on Tenancies is a group that since October 2018 has been highlighting the failure by the Government to create sound policy and law for residential rental property. Much policy has only increased rents and disadvantaged both tenants and owners.

Would Muller fix Labour’s rental property failures?

Since any promises made by former National Party leader Simon Bridges are effectively void, the new leader, Todd Muller, should tell New Zealand’s 290,000 residential rental property owners whether he supports Labour disastrous experiments or whether he intends to restore some sanity to the sector.

Currently, the sector remains frozen under the Covid-19 Response (Urgent Management Measures) Legislation Act which over-rode previous tenancy termination agreements, extended the period of allowed unpaid rent from 21 days to 60 days, and imposed a $6500 fine on any owners who put a step wrong.

During the lockdown, the Government continued pushing through changes to the Residential Tenancies Act that:

  1. Require 118 days of unpaid rent before the Tenancy Tribunal may end a tenancy because of unpaid rent. Currently, 21 days’ arrears are sufficient to end a tenancy.
  2. Require three disturbances in three months before the Tenancy Tribunal could end a tenancy because of anti-social behaviour.
  3. Remove a property owner’s contractual right to end a tenancy – the so-called 90-day no-reason termination.

Rental property owners would like to know whether, before the election, a National Party under Mr Muller vote against those amendments.

We are not the only group to say that the current Government’s housing policies have been a rolling maul of incompetence.

  1. KiwiBuild promised 100,000 new homes in a decade yet in three years was only able to deliver 1535 houses.
  2. The waiting list for state houses reached a whopping 16,309 applicants by March 31 this year, more than double the number when the coalition government was formed in 2017.
  3. Changed tax rules hit on March 31 this year. This ring-fencing of rental property losses will tip up to 116,000 negatively geared owners out of the sector, according to documents obtained under the Official Information Act.
  4. Expensive and poorly conceived regulations on rental properties presented as guaranteeing a “healthy home” brought a regime of spot checks, narking, and massive fines on owners. This will drive more out of the sector once they take effect in the middle of next year.

If Mr Muller becomes Prime Minister, would he:

  1. Work with the private sector to build homes.
  2. Work with rather than against rental property owners to increase the supply of housing.
  3. Revisit the so-called “healthy homes” regulations as his predecessor promised. They should be changed from punitive regulations to recommendations and widened to include other methods to reach the recommended goals (such as shower domes instead of extractor fans). Standards for housing are nothing new and have existed here since 1947 under the Housing Improvement Regulations.

Stop the War on Tenancies is a group that since October 2018 has been highlighting the failures of successive governments while creating rental property policy and law.

Solve housing problem or punish landlords?

Still simmering away below the Covid-19 virus activity is the Coalition Government’s proposed “reform” of the Residential Tenancy Act. Written submissions closed back in March, and oral submissions are being heard right now.

There are calls for the Government to place all such non-urgent business on hold while the current state of emergency exists, as the restrictions now in force hamper the full and democratic procedures that normally function when Parliament is in session. However, despite all the other travails the country is facing, they seem to be absolutely determined to proceed with this one.

Looking at the propose amendments I can see that they are based on a certain view of the rental housing market and of the overall supply of housing within New Zealand.

For at least twenty years New Zealand Governments of all political persuasions have tried to ‘solve the housing crisis’ by enacting various pieces of legislation. Looking at the latest statistics, there can be no doubt that these measures have failed, and failed comprehensively.

There are more than 600,000 rental households in New Zealand with about a million people living in them, up from 453,000 in 2013 and 388,000 in 2006.

The proportion of households that rent has risen from 27 per cent in 1999 to 32 per cent now – and rental households generally have more people in them than owner-occupied housing.

The government cannot build public housing fast enough, and now there are over 14,000 tenants on the public housing waiting list, more than twice as many as there were back in 2017.

That is not 14,000 individuals, but 14,000 prospective tenants, including their families. We could be talking over 33,000 people here.

Around 85% of rental properties are provided by private landlords and 90% of those privately-owned rentals are provided by Ma-and-Pa  landlords who, individually, own just one or two rentals.

In some cases, these landlords rely on those rents to put food in front of their own families.

The public housing sector is and always has been a very small part of our rental housing market, and each publicly owned rental inevitably requires open-ended taxpayer support. The reality is that the Government is a high-cost and inefficient landlord.

Most of the political initiatives around rental housing in recent years have been based on dogma and false assumptions.

All the legislation that has been enacted in recent years has been based on the institutional belief that private landlords are wealthy large-scale operators who habitually hold all the power over their tenants and not only make large-scale profits out of their affairs but are then, somehow, able to avoid paying any tax on those profits.

This view of the rental housing market is totally wrong and entirely misrepresents the way it operates.

Most Kiwi residential landlords are the hard-working, thrifty and goal-orientated individuals that any sane society should cherish and nourish, not vilify and punish. Yet that’s what both the recent and the proposed legislation sets out to do, penalize these people who, I can remind those pushing this legislation, are all voters.

Given my experience, background and industry involvement I think you can assume that I know what I am talking about, but not once, in my almost 30 years as a landlord, has any Government representative come to me and said “We have a rental housing problem. How do you suggest we could work together to improve the situation?”

No-one can be forced to be a residential landlord. If passed, this legislation will give residential landlords another very good reason to exit the market, but what they are then going to do with the resultant huge number of un-housed tenants is anyone’s guess.

That is going to be their problem.

But they should care, because the homelessness in New Zealand is set to get a lot worse. And Government actions intended to create open-ended tenancies and unilaterally impose large fines on landlords will be pretty much entirely to blame for that.

The Government has a choice here. They can work towards solving the rental housing problem or they can punish landlords.

They must choose one, they cannot do both.

By Peter Lewis, who is vice-president of the Auckland Property Investors Association.

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