• 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.

     

    Unlawful Dwellings

    • 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.

     

    Methamphetamine

    • 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.