Amendment Bill that tackles damage, unlawful tenancies and meth passes First Reading
The Amendment Bill which provides better protections and clarity for tenants and landlords has passed its First Reading in Parliament.
“The Bill makes sensible and timely changes to the Residential Tenancies Actto help ensure our tenancy laws better manage methamphetamine contamination, liability for careless damage and the tenancy of unsuitable properties. It builds on the changes we made last year requiring smoke alarms and insulation, and establishing a Tenancy Compliance and Investigations Team,” Housing Minster Nick Smith said.
New meth testing levels were published last week but the Bill targets the whole methamphetamine contamination process.
“This Bill recognises that meth contamination of properties has become a significant issue that needs clearer direction. We want homes to be safe but we also don’t want properties being vacated when the risks are low.
“Landlords will have easier access to test for meth and tenants will be able to terminate their tenancy if it presents at unsafe levels. Standards New Zealand last week released a new threshold, raising it to 1.5g/100cm2 from the current 0.5g/100cm2. It also has clear methods for sampling and testing, and competency requirements for samplers and decontamination contractors. The Bill will enable these changes to be legally recognised and enforceable before the Tenancy Tribunal, “ Smith said.
The Bill also addresses tenant liability for careless damage, in response to a Court of Appeal decision last year.
“The changes are needed to ensure tenants have an incentive to take good care of a property, to encourage cost effective insurance arrangements and ensure landlords are not out of pocket for tenant damage to rental their properties,” he said.
“Tenants will be liable for the cost of their landlord’s insurance excess up to a maximum of four weeks’ rent for each incident of damage caused by carelessness. A tenant remains fully liable where the damage is deliberate or a criminal act, and the landlord liable for fair wear and tear and damage beyond the control of the tenant, like a natural disaster.”
It also strengthens the law for prosecuting landlords who tenant unsuitable properties. The Tenancy Tribunal’s jurisdiction is currently limited to residential buildings, meaning those who rent out unlawfully converted garages, warehouses or industrial buildings as living spaces can avoid accountability.
“These improvements to our tenancy laws are part of the Government’s broader comprehensive housing reforms.”
“This bill will result in fewer properties being vacated over the meth issue, better incentives for tenants to care for properties and tougher enforcement of landlords renting unsuitable properties.
The Bill passed its first reading 105-14 with only the Greens opposing it.
The Bill has been sent to a select committee for public submissions.
New meth testing standard
New Zealanders will be able to better manage the risks of methamphetamine in residential properties following the release of a new standard.
Building and Construction Minister Dr Nick Smith and Commerce said it was huge step forward in helping landlords and tenants deal with the risk of meth contamination.
The most significant change is the new standard being lifted to 1.5g/100cm2 limit, as compared to 0.5g/100cm2 under the old guidelines.
“The new standard is a huge step forward in helping home owners and tenants deal with the risks of methamphetamine contamination. It will give people greater confidence and certainty, will result in hundreds fewer properties having to be vacated and save millions in unnecessary decontamination work,” Dr Smith says.
“The major gain from the new standard is having clear methods for sampling and testing, and competency requirements for samplers and decontamination contractors.”
The new standard will form an important part of new legislation introduced to the Parliament last month.
“The Residential Tenancies Amendment Bill (No 2) gives landlords the right to test for meth and enables tenancy agreements to be terminated when levels are unsafe. The new standard will be referenced in the regulations and will become legally enforceable when the Bill is passed later this year.”
21 committee members from the private and public sector contributed to forming the new standard for Standards New Zealand.
“Standards New Zealand follows a robust process in developing all standards, in line with the Standards and Accreditation Act 2015, Smith said.