Evictions spike as new rules ushered in

WELLINGTON: A tenants’ advocacy group says renters are increasingly having their tenancies prematurely ended, as landlords make moves before new rules set in.

It comes as new rules for tenants and landlords come into effect tomorrow, bringing an end to 90day tenancy terminations without justification.

It is the biggest shakeup for landlordtenant relations for decades.

There are three phases to the reforms — the first came in on August 11 last year, which meant landlords could only increase the rent once a year.

The new rules coming in tomorrow are the second phase, while the third phase, which will allow tenancies to be terminated if family violence or landlord assault has occurred, will take effect on August 11 this year.

The second phase is the most substantial of the three.

It means tenants will be able to make minor changes to the property — for example replacing curtains, or hanging up pictures — and landlords cannot decline it.

All rental properties will have to show a rental price, so tenants cannot bid on them — which often drives the price up.

Additionally, name suppression will be available to those who are successful at the Tenancy Tribunal, avoiding renters who have taken their landlord to the tribunal being blacklisted.

Real Estate Institute of New Zealand chief executive Bindi Norwell said the new Residential Tenancies Act changes would try to get more balance between the tenants and the landlords.

‘‘Quite frankly, they were very outdated and so they needed to be reviewed.

‘‘So I think what they’ve done is made it easier for tenants and built up quite a few of their rights.’’

Landlords have previously expressed concern about the rules, which they say forces them to relinquish control of their property, and could leave them stuck with troublesome tenants.

Wellington real estate agent Nicky Cruickshank had noticed some landlords were looking to sell.

‘‘The serious investor that owns a few rental properties isn’t selling.

‘‘They’re on top of it, they’ve got their healthy homes assessments, and they won’t sell.

‘‘It’s more unfortunately probably the mum and dad investors that may have a second property as a rental [who are selling].’’

The healthy home standards were one thing, but the new rules were likely to make things more difficult for landlords, she said.

‘‘You can’t get rid of somebody as easily as perhaps they might have wanted to, to change tenancy.’’

One of the most significant changes is the ending of 90day tenancy terminations without justification.

‘‘Previously, a tenant could be evicted on a 90day notice, if they were damaging the property, or they weren’t respecting the property, or not paying their rent,’’ Ms Norwell said.

‘‘The landlord had the power to be able to evict them, and this just allowed them to have more control over the property.

‘‘What’s happening now is they’ve removed that, so now a landlord needs to provide three levels of evidence over a threemonth period to prove that tenants are not treating their property properly.

‘‘Then they can go through a process with the Tenancy Services to actually get them evicted.’’

Tenants Protection Association director Penny Taylor, of Christchurch, said the looming deadline meant some landlords had decided to get rid of their tenants while they still could.

‘‘We’ve had a lot of tenants at the moment receiving notice, right up until the 11th,’’ she said.

‘‘We just had one this morning . . . she is a little bit behind in her rent, but not massively behind, and it is something she has been repaying.

‘‘In that kind of situation, there’s the risk to the landlord that you don’t know what you’re going to get, and you could end in a far worse situation.’’

In total, she said the number of renters coming for advice having been given a 90day notice without cause was up 60% on last year. — RNZ

❛ So I think what they’ve done is made it easier for tenants and built up quite a few of their rights