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Landlords have hit back a new tenancy law reforms, saying the latest rules will make it harder to evict anti-social tenants.

Landlords will no longer be able to get rid of tenants without reason, under law changes announced today by Associate Housing Minister Kris Faafoi.

They say the law change will make it much harder for landlords to get rid of unsavoury renters, which will also affect neighbours of bad tenants who will have to put up with them for longer.

But the Green Party says it shifts a power imbalance from the landlord to tenants.

At present, landlords can give a tenant 90 days' notice without having to provide a reason and 42 days' notice in some circumstances, such as landlords or their family wanting to move in, or if the property has been sold.

Tenants have to give only 21 days' notice.



The Government plans to remove the right of landlords to end a tenancy under a bill next year to amend the Residential Tenancies Act.

It also plans to increase notice periods for some specified reasons.

Anti-social behaviour and rent arrears will still be cause for eviction notices but the Government is proposing to require the landlord to apply to the Tenancy Tribunal in such cases.

That is approximately 7000 tenants causing problems for up to 70,000 households.

Not only that, but the landlord will be required to produce evidence of having issued three notices of such behaviour or arrears having occurred within a 90-day period. A summary of the changes:

The New Zealand Property Investor Federation said the proposed changes to no-cause terminations would do more than punish landlords.

Greens co-leader Marama Davidson says shifting the power away from landlords towards tenants has been a long time coming.

"They will punish anyone living next to a tenant with anti-social behaviour," executive officer Andrew King said in a statement.

The federations says it has researched the use of the 90-day notice period. It says that 3 per cent of tenants receive a 90-day notice (without the landlord having to give a reason) and that nearly half of those notices were for anti-social behaviour affecting neighbours.

"That is approximately 7000 tenants causing problems for up to 70,000 households."

It said the requirement to go to the Tenancy Tribunal with evidence of three cases of anti-social behaviour having occurred within a 90-day period was trying to provide landlords with a tool to manage anti-social tenants.

"However it requires neighbours to put themselves at risk of retaliation from their anti-social neighbours."

Peter Lewis, the vice president of the Property Investors Federation, said the Government's reforms will make it harder to get rid of bad tenants.

They will have to go to the Tenancy Tribunal, where there were already delays, and then produce evidence from the police, council, or neighbours who might be reluctant if the bad neighbours were menacing or intimidating.

Lewis believed the Government assumed that every landlord wanted to get rid of a tenant.

"Most landlords, including me, aim to have every property we own rented out for every day of the year. We don't go throwing people out for no reason. There's actually no such thing as a no-reason clause. It's a no-stated-reason clause. You don't have to give a reason."

The changes are being promoted as giving tenants greater security as the number of households renting increases – about 32 per cent now compared with 25 per cent about 20 years ago.

Faafoi said he had heard "horror stories" of families forced to continually move house, damaging their children's education by constantly changing schools."

With more and more people renting, the law should provide enough security to responsible renters to put down roots in their community, Faafoi said.

"Greater security of tenancy and less regular rent increases, coupled with the ability to make minor improvements, mean renters will be better placed to make house a home."

Green Party co-leader Marama Davidson who lives in a rented house with her family in Manurewa says the changes rebalance power from landlords towards tenants and were long overdue.

"These changes are about making sure that renting is not just a second class citizen option, that renting needs to be a genuine dignified option for people because more and more of us are doing it today."

She was proud that the Government was shifting the power balance between landlords and tenants.

Commenting on the new requirement to take anti-social tenants to the Tenancy Tribunal instead of issuing them with a 90-day notice she said the right balance had been struck between enabling landlords to protect their properties and tenants being evicted "willy-nilly."

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Article: https://www.newstalkzb.co.nz/on-air/the-weekend-collective/audio/ashley-church-government-to-ban-landlords-from-ending-tenancies-without-reason/
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