RTA Amendment Bill Training summary
A snapshot of what content is covered in the RTA Amendment Bill Training with Scotney Williams.
Osaki and Tenant Liability
• The position before the Hollar v Osaki Court of Appeal decision, what the court case was all about and the effect of it is explained.
• An outline of what happens to the Tenancy Tribunal when a Court, superior to the Tenancy Tribunal makes a decision like this.
• An explanation on how the government rectified the decision.
• What the Amendment Bill says about future tenant liability.
• When a tenant will be liable under the new law is explained.
• What and who is covered by the Amendment Bill.
• An explanation on whether a tenant can repair the damage in satisfaction of the claim.
• Outlining why insurance companies can’t benefit from limited tenant liability.
• Explanation on how it’s unlawful for a tenant to demand, request or accept from the tenant any amount which exceeds the prescribed amount.
• An example of what facilities that could be included under the new Amendment Bill.
• An outline of what the notice period is in an unlawful dwelling.
• The definition of ‘unlawful’ given.
• An explanation on how you can terminate an unlawful tenancy.
• Some varied examples of unlawful dwellings are provided.
• How you can rent out a major and minor dwelling out if the latter doesn’t have a building consent.
• Examples of Tenancy Tribunal orders relating to unlawful dwellings.
• An answer on whether a tenant must pay rent in an unlawful dwelling.
• An explanation on why a landlord can’t apply for compensation, damages or rent arrears if they have rented out an unlawful dwelling.
• A description of what work orders the Tenancy Tribunal can make against a landlord who rents out an unlawful property.
• A comparison with how property managers in Australia have to check the lawfulness of properties.
• An outline of the basic changes that will be made to the Residential Tenancies Act relating to methamphetamine.
• A description of what circumstances a landlord can terminate a tenancy in the case of the methamphetamine contamination.
• The definition of ‘abatement’ in a rental context defined and an example provided.
• A description of what the landlord’s obligation is to the tenant in the case of a 7-day notice.
• An explanation of how a landlord can commit an Unlawful Act if they rent out a contaminated property.
• A answer on whether D.I.Y yes/no swab tests will be sufficient to terminate a tenancy in a meth contaminated property.
• An outline of what the new meth testing standards are.
• An explanation of what the difference is between a high use area and a limited use area.
•An explanation of why the new standard deal with an area by area approach.
• An answer on why the Amendment Bill has authorised landlords a specific period of notice to conduct methamphetamine inspections.
• A discussion on whether tenants will have their peace, privacy and comfort adversely affected by the inspection law.
• An answer on whether landlords will have to disclose the results of methamphetamine tests.
• A discussion on whether a landlord/property manager should involve the police if they suspect methamphetamine use.
• An explanation on whether you can make a tenant liable for contamination where they satisfy you didn’t do it.
• A discussion on whether a tenant can sue for rent back if they discover if the property is contaminated.
• A discussion on how the Amendment Bill relates to Boarding Houses.
* An answer of what is regarded as zero on a methamphetamine report.
* A discussion on what are the easiest markers to indicate that the dwelling might have been used to manufacture.