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  1. #1
    Join Date
    Jun 2005
    Location
    Auckland
    Posts
    5,086

    Default Tenancy Reforms - July 2019 Edition

    Tenants will soon have to pay for any accidental damage they make to a rental property - rather than rely on landlords' insurance.

    But the amount will be capped at four weeks' rent, so landlords cannot cripple them with huge bills.
    https://www.nzherald.co.nz/nz/news/a...ectid=12252718

    Make sure your excess is set to 4 weeks rent to minimize insurance costs?

    Balance of probability that insured damage is caused by tenant or not, I guess.
    DFTBA

  2. #2
    Join Date
    Jan 2012
    Posts
    1,034

    Default

    "Landlords will have to say whether they are insured and for how much in the tenancy agreement, and make any insurance details available on request. If they don't they can be fined $500."

    Why does the tenant knowing how much my insurance is for matter to them?

  3. #3
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,774

    Default

    Remember to take the items of damage as individual and not collective. EG. the damaged carpet in the hall is a different event to the broken window in the lounge.

  4. #4
    Join Date
    Jul 2017
    Posts
    274

    Default

    Landlords will no longer be able to rent out garages or other unconsented spaces without fear of prosecution under tenancy laws.
    A gap in the law meant that if tenants living in illegal dwellings wanted to take action, they were unable to take their landlord to the Tenancy Tribunal because their property was not covered by the Residential Tenancies Act.
    The latest law change extends tenancy laws to all buildings intended for living in, even if they are illegal. This means tenants who are housed in a garage or rundown dwelling can take their landlord to the Tenancy Tribunal, and will be able to get their rent payments back.
    "This change will confirm once and for all that the Tenancy Tribunal has full jurisdiction over all rental properties and rental premises, lawful or otherwise," said Faafoi.
    The Ministry of Business, Innovation and Employment's tenancy compliance team will be able to pursue landlords who rent out unconsented spaces.

    Source: https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12252718&ref=clavis

  5. #5
    Join Date
    May 2008
    Posts
    3,581

    Default

    Quote Originally Posted by Chris W View Post
    Landlords will no longer be able to rent out garages or other unconsented spaces without fear of prosecution under tenancy laws.
    Not true.
    Landlords won't advertise a sleep-out or a garage as an extra bedroom.
    In the past you might see advertised '3 bedroom house + garage/sleep-out'.
    Now you'll see '3 bedroom house + garage'.
    When the tenant inspects it, they'll see carpet on the garage floor and the landlord won't comment about it.
    If the tenant wants to sleep in the garage then that's their choice with no come-back on the landlord.
    This change is aimed at dodgy landlords.
    Dodgy landlords are usually inventive and good problem solvers and won't be too bothered by this change.

  6. #6
    Join Date
    Aug 2003
    Posts
    7,638

    Default

    Yeah and there will be some Landlords (probably new to NZ) used to different living standards that genuinely believe a carpeted garage is a perfectly good living space.

    cheers,

    Donna
    PropertyTalk Blog - property articles

    BusinessBlogs - the best business articles are found here



  7. #7
    Join Date
    May 2004
    Posts
    2,795

    Default

    Herald reports today that Auckland Council is chasing up 'illegal conversions' and may prosecute. These 'conversions' appear to focus on lined and carpeted areas that 'look like habitable spaces'. That seems very loose, and I looked in vain on the Tenancy Services website for definitive information.

    So if something 'looks like' a habitable space it will have to be consented, insulated, ventilated etc etc. I predict landlords who find tenants sleeping in these completely unsuitable places will take immediate action. Maybe install a bar, disco ball and ashtrays. Or a 90 day notice. For example.

    Auckland Council has received a lot of recent complaints about these spaces (from???), so they and the MBIE compliance team will be on to them PDQ.

    Auckland Council trawled real estate listings and sent warnings to agents after an investigation exposed the widespread marketing of illegal garage conversions as bedrooms.

    And Herald 15 June -

    Property speculators are converting cold, damp garages into so-called "utility rooms" where desperate families are sleeping


    https://www.nzherald.co.nz/business/...ectid=12253055

    https://www.nzherald.co.nz/business/...ectid=12240501

  8. #8
    Join Date
    Jun 2013
    Posts
    2,116

    Default

    Quote Originally Posted by artemis View Post
    Herald reports today that Auckland Council is chasing up 'illegal conversions' and may prosecute.
    It will be interesting to see exactly what is illegal about lining and carpeting a garage, or what is illegal about calling it a utility room.

  9. #9
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    14,879

    Default Can Anyone Tell Me

    Why does the LL become responsible if a tenant utilises the garage as a spare bedroom?
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  10. #10
    Join Date
    Jan 2012
    Posts
    1,034

    Default

    That part of the law is aimed at the slumlords who put a bed in the garage, call it a sleep-out and charge extra rent accordingly and those who rent out unconsented structures. Personally, I agree with that bit of it.

    A line to be added to the TA to cover one's backside: "Beds are only to be slept in in the designated bedrooms."


 

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