Govt gives tenants more protection

Landlords will not be allowed to increase rents or kick out their tenants except in very specific situations during the fourweek Covid19 lockdown, Amelia Wade reports.

THE Government passed urgent legislation yesterday to ensure renters would not suddenly be homeless and without somewhere to selfisolate. Housing Minister Megan Woods said there was also an obligation on tenants not to abuse the situation.

One of the situations in which a renter could be evicted was if they did not pay rent for 60 days without making a reasonable effort to do so.

The rent freeze is set to last for six months and the protections against evictions will last for three months, but both could be extended.

However, rent increases that were notified before the threemonth period began but had not yet come into effect will still be allowed.

Any landlord who breaks the new rules could be fined up to $6500 in each case by the Tenancy Tribunal.

The new rules were set out in urgent legislation that was passed in Parliament yesterday afternoon.

The key points are:

An immediate freeze on rent increases.

Tenancies will not be terminated during the lockdown period, unless the parties agree, or in limited circumstances.

Tenants who had previously given notice can stay in their tenancy if they need to during the lockdown period.

Tenants will still be able to terminate their tenancy as normal, if they wish.

Dr Megan Woods said the changes allowed New Zealanders to stay in their homes during ‘‘this challenging time’’ and ensured people could selfisolate.

‘‘It also means that in the shortterm, families and individuals who are tenants do not lose their home due to a drop in income related to job losses through Covid19.

‘‘Sustaining tenants in their current homes will help prevent further pressure on our welfare system at this time.’’

Dr Woods said tenants had obligations as well.

‘‘It is not acceptable for tenants to abuse the current situation by refusing to pay rent when they have the capacity to do so, causing significant property damage, or significant antisocial behaviour.

‘‘Tenants are still fully liable for their rent payments and any damage as we ensure that landlords do not increase the burden on tenants.’’

Finance Minister Grant Robertson has said he hoped landlords and tenants would come to an arrangement if they could not make rent, after a sixmonth mortgage holiday was announced for some homeowners.

Dr Wood’s office has provided a Q&A about the rent freeze and eviction ban.

Why is the Government doing this?

We are doing this because in the wake of Covid19, it’s more important than ever to ensure that tenancies are sustained and tenants do not have to face the prospect of homelessness during a global pandemic.

It’s also critical from a public health perspective that we enable people to selfisolate in their own homes by ensuring that they can remain in their rental properties for the duration of this crisis.

What exactly does this rent freeze and tenancy ban mean?

The rent freeze is simple. Increases in rent are prohibited for the next six months for any reason.

The protections against terminations are a little more complicated.

Landlords will be unable to terminate existing tenancies unless limited and specific, justified, reasons apply.

The Tenancy Tribunal will act as a check to ensure that the limited and specific termination grounds are being used lawfully.

These reasons are where the tenant:

µS˜ ubstantially damages the premises.

Assaults or threatens to assault the landlord, their family, or the neighbours. Abandons the property. Engages in significant antisocial behaviour (defined as harassment; or any intentional act, if the act reasonably causes significant alarm, distress, or nuisance).

Is 60 days behind, which is increased from 21 days (and the tribunal will need to take into account fairness and whether the tenant is making reasonable efforts to pay the rent).

Tenancies will also be able to be terminated upon the death of a sole tenant, or where the premises are uninhabitable.

Tenants will still be able to terminate tenancies as usual, although we encourage them not to unless absolutely necessary and to think carefully about whether they are managing the risk of spreading coronavirus in doing so. If you’re a tenant and you’ve given notice yourself but now need to stay in your current rental property, you can withdraw your notice.

Fixedterm tenancies will also convert to periodic tenancies upon the expiry of the fixed term, unless the parties agree otherwise or the tenant gives notice. This means that if your fixed term expires during lockdown, you’ll be able to stay in your tenancy.

When do the measures come into force?

The measures take effect from today.

However, if a landlord had already given a rent increase or termination notice that will come into effect after this Bill comes into force, this notice is of no effect.

That means that if you’re a tenant and you’ve been served a termination notice other than for the reason set out in the Bill, before this Bill came into effect your tenancy will continue, if you want it to.

You will be able to selfisolate in your rental property. If the tribunal has made an order terminating the tenancy that will come into effect after the Bill comes into force, that order is suspended until the

15th day after the time period that the protections against termination apply (initially three months).

Increasing rent within the relevant timeframe or purporting to terminate a tenancy without grounds are new unlawful acts with the Tenancy Tribunal able to order exemplary damages of up to $6500 in each case.

How long will this last for?

The rent freeze applies for an initial period of six months.

The protections against terminations will apply for an initial period of three months.

At the end of both initial periods, we’ll evaluate whether they need to be extended.

What about boarding houses?

Boarding houses will also be subject to the rent freeze and similar protections against terminations.

However, in most cases a landlord will be able to issue a boarding house termination by notice in order to manage the safety and security of tenants in a shared boarding house tenancy. A boarding house landlord will still need to go to the tribunal to terminate a tenancy because of rent arrears or antisocial behaviour.

Can landlords evict tenants so they can move into the home?

We need to ensure that people have certainty in their living situation as we go through these unprecedented times. For this reason tenants cannot be evicted because the landlord or family wish to move in. Our focus at this stage is to ensure as little disruption as possible and keep everyone in stable housing regardless of tenure.

The Tenancy Tribunal

The Bill also provides that the Tenancy Tribunal has the power to have hearings on the papers, without attendance from parties, if necessary. The tribunal may also have hearings by telephone or video conference. This amendment is to give the tribunal some flexibility in its proceedings during this period. It will be up to the tribunal how it manages this flexibility.