Even if the tenant caused it?
This is from Waikato Property Investor Associations facebook page today, and is very interesting. Maybe landlords celebrated the district court win a bit early!
We have won the battle but the war isn’t over (Landlords are not safe yet!)
Landlords are celebrating too early. The win in District Court for Dunedin Landlord Vic Inglis is fantastic and a step in the right direction. It will help some other landlords in the short term but will not necessarily apply to all cases. The NZPIF information attached is very useful and you should read through this https://mandrillapp.com/track/click/...OTU3M1wiXX0ifQ
The bigger issue is the new legislation currently going through parliament. In its current form, a provision of the new Residential Tenancies Bill is that rent can be ordered to be repaid if a property is deemed to be unlawful, as per the original interpretation under the Anderson. Landlords must “comply with all requirements in respect of buildings, health and safety under any enactment”. But New Zealand Property Investors Federation Executive Officer Andrew King said how that was defined could be problematic. The Home Improvement Act of 1947 said there could not be mould in any property whether owned or rented. That could clear the way for tenants to demand a rent refund anytime a property became mouldy, even if they caused it themselves. This outcome is not fair or reasonable. “I’m hoping common sense will prevail”.
New Zealand Property Investors Federation (NZPIF) is meeting with the new Minister of Housing, Phil Twyford, to discuss this new legislation and hope to get a fair outcome.
Ross
This is from Waikato Property Investor Associations facebook page today, and is very interesting. Maybe landlords celebrated the district court win a bit early!
We have won the battle but the war isn’t over (Landlords are not safe yet!)
Landlords are celebrating too early. The win in District Court for Dunedin Landlord Vic Inglis is fantastic and a step in the right direction. It will help some other landlords in the short term but will not necessarily apply to all cases. The NZPIF information attached is very useful and you should read through this https://mandrillapp.com/track/click/...OTU3M1wiXX0ifQ
The bigger issue is the new legislation currently going through parliament. In its current form, a provision of the new Residential Tenancies Bill is that rent can be ordered to be repaid if a property is deemed to be unlawful, as per the original interpretation under the Anderson. Landlords must “comply with all requirements in respect of buildings, health and safety under any enactment”. But New Zealand Property Investors Federation Executive Officer Andrew King said how that was defined could be problematic. The Home Improvement Act of 1947 said there could not be mould in any property whether owned or rented. That could clear the way for tenants to demand a rent refund anytime a property became mouldy, even if they caused it themselves. This outcome is not fair or reasonable. “I’m hoping common sense will prevail”.
New Zealand Property Investors Federation (NZPIF) is meeting with the new Minister of Housing, Phil Twyford, to discuss this new legislation and hope to get a fair outcome.
Ross
Comment