Healthy Homes Guarantee Act standards announced

[Learning]

How can it be retaliatory? The deadline had not passed, ergo the tenants had not (yet?) put in any claim under the RTA.

I think it was in May the Ministry issued a statement that any evictions brought on due to compliance (or lack of it) would be (can't remember exact wording) and there are laws to protect tenants against such action.

The article says that they planned to ask the LL for $4000, not that they had asked for it. if there has been no action, there can be no retaliation.

From the sound of the article, they were issued with a 90 day notice stipulating compliance as the reason. Therefore retaliation against the law change could be argued. After all, thousands of tenants have remained in their rentals during upgrades, why would these tenants be any different? Smells like a protest from the LL where the tenants get the short end. The unspoken rule of never giving a reason for a 90 day notice was broken leaving the LL wide open.

[sidinz]

The LL should take the $4k offer seriously. If it goes to tribunal they could be looking at a retaliatory eviction fine, the eviction being over turned and the $4k fine. Timing the notice a couple days before the deadline and giving it as the reason?!?!
Paint a bullseye on their chest why don't they.

How can it be retaliatory? The deadline had not passed, ergo the tenants had not (yet?) put in any claim under the RTA. The article says that they planned to ask the LL for $4000, not that they had asked for it. if there has been no action, there can be no retaliation.

[Don't believe the Hype]

Interesting the calculator doesn't ask about having carpet and underlay vs. polished boards - i'm sure there is a huge variation in R value between the two.

[Learning]

I did find the heating assessment tool. Which I'm hoping isn't it.
https://www.tenancy.govt.nz/heating-tool/

Why are you hoping it's not this one? It seem to have the bases covered in regards to the 4 page calculation specified in the act.

[Learning]

and so if begins

They planned to ask for the $4000 from their landlord because the landlord had failed to bring the property up to standard by the July 1 deadline.

The LL should take the $4k offer seriously. If it goes to tribunal they could be looking at a retaliatory eviction fine, the eviction being over turned and the $4k fine. Timing the notice a couple days before the deadline and giving it as the reason?!?!
Paint a bullseye on their chest why don't they.

[north shore]

Has anybody heard any more about the app for the heating requirements? I can't find the app, but I did find the heating assessment tool. Which I'm hoping isn't it.
https://www.tenancy.govt.nz/heating-tool/

[eri]

and so if begins

They planned to ask for the $4000 from their landlord because the landlord had failed to bring the property up to standard by the July 1 deadline and would then look at legal action.

https://www.stuff.co.nz/business/pro...s-legal-action

tenant was late paying rent - can i ask for $4000? - no, they only have to try to pay on time....

labour promised 1000 affordable homes in the first year of kiwibuild - can i ask for $4000? - no, they only have to pretend to keep their promises

who could possibly argue that private accommodation providers aren't being held to standards that no one else has to attain?

purely for political gain and to deflect from the reality of the failure of standards driven accommodation provision

[sidinz]

No.

See:
https://www.mbie.govt.nz/about/news/...-requirements/

"“The RTA does not allow for extensions, and this would be unfair to those landlords who have acted in time to do the right thing,” says Peter Hackshaw, Acting National Manager, Tenancy Compliance and Investigations (TCIT)."

So blind of the. Those "landlords who have acted in time to do the right thing" already owned their properties! I'd love to hear them explain exactly how LL should have gone about insulating properties they hadn't yet bought....

[flyernzl]

No.

See:
https://www.mbie.govt.nz/about/news/...-requirements/

"“The RTA does not allow for extensions, and this would be unfair to those landlords who have acted in time to do the right thing,” says Peter Hackshaw, Acting National Manager, Tenancy Compliance and Investigations (TCIT)."

[sidinz]

Roscoe, someone asked me that actual question.
My only advice I could give was to buy conditional on vacant possession (so the existing long term sitting tenant who wishes to stay would lose their home) and then keep it untenanted until the work can be completed.
So - of course - legislation intended to benefit the tenant actually makes them homeless.

For any new tenancy starting after 1st July 2021, the LL has 90 days to get the place up to standard. I wonder if the same applies to this year's requirements?

[flyernzl]

Roscoe, someone asked me that actual question.
My only advice I could give was to buy conditional on vacant possession (so the existing long term sitting tenant who wishes to stay would lose their home) and then keep it untenanted until the work can be completed.
So - of course - legislation intended to benefit the tenant actually makes them homeless.

[Meehole]

If you buy a new property today. I presume you have to insulate the property before renting?

Does anyone know if this a fact? I presume there is no extension, just because you just purchased?

Ross

I guess that becomes part of the negotiation when you buy and sell. We have just listed our rental property and had to tick the boxes regarding insulation.

[Rosco]

If you buy a new property today. I presume you have to insulate the property before renting?

Does anyone know if this a fact? I presume there is no extension, just because you just purchased?

Ross

[Rosco]

Someone posted on the FB page yesterday that they'd been to a talk by the MBIE head honcho who has stated that he won't be chasing up people who have booked in/made arrangements to get insulated but hadn't managed to meet the deadline. He's more interested in the ones just ignoring the legislation.

In some ways I hope that isn't the case. How many years notice have we had?

Or even without the new laws, shouldn't we as landlords be insulating anyway?

Ross

[Meehole]

Haven't we known about the requirement to have properties insulated by 1 July 2019 for the past 4 years? We redid ours, taking out the silver foil and replacing with Greenstuff 18 months ago.
I also note that on a few HNZ properties we inspect that some have no insulation.......just saying a few have slipped through the cracks.