Workers go to ‘hell and back’ over tenancies
A dairy farm manager’s family became ill on a Taranaki farm as agriculture chemicals leaked into an open-mouth well that supplied drinking water to the home they lived in as part of a tenancy agreement.
The farm owner said he did not have money to address the issue, she said.
After numerous meetings with the farmer, the family, who Stuff has agreed not to name for fear of reprisal, said they received help from the Rural Support Trust, which found them a lawyer.
The farm owner eventually paid compensation.
The family agreed to nondisclosure of case particulars, and that the matter would not be taken further.
The dairy farm manager’s wife said the family had been ‘‘to hell and back’’ with some of the accommodation they stayed in on farms over the years, including instances of ice forming on walls from condensation in winter, and walls falling down.
Federated Farmers employment spokesperson Richard McIntyre said there were enough jobs in farming that workers did not have to accept living in a house that was not up to standard.
Workers needed to ask landlords for healthy homes compliance certificates. If one was not available they should ask themselves if they wanted to work for that employer, McIntyre said.
It made sense to let staff live in a healthy home, because it meant less time off sick and made a job more attractive. A house was a determining factor for workers when deciding who to work for, he said.
Workers needed to take complaints to their landlord. If the issue were not solved they could go to the Tenancy Tribunal, McIntyre said.
Real Estate Institute (REINZ) head of Property Management Joanne Rae said rural homes that were part of tenancy agreements must adhere to the healthy homes standards.
The Residential Tenancies Act said landlords had to provide premises in a reasonable state of repair. However, the reasonable state of repair was linked to the age and character of the property, she said.
Regardless of age, any property had to be reasonably clean and tidy. The expectations of the tenant and the age of the home could cause friction, she said.
The fine for not complying with healthy homes standards was more than $7000. More than 40% of investment properties were under professional property management. The other 60% was managed by owners, she said.
The risk of such a large fine meant REINZ agents often refused to represent owners who did not comply with healthy homes standards because it could damage their reputation.
Compliance with healthy homes standards was being phased in over a number of years, but since July last year all private rental properties had to comply within 90 days of any new or renewed tenancy.
Landlords must also include a statement of their current level of compliance with the healthy homes standards in all new or renewed tenancy agreement.
All rental homes must comply with the healthy homes standards by July 1, 2024.
Brett Wilson, national manager for tenancy compliance and investigations at the Ministry of Business, Innovation and Employment, said that since July last year six complaints had been received where both healthy homes standards and a tenancy agreement were part of the complaint.
There were also eight applications to the tenancy tribunal that related to healthy homes and service tenancies, he said.
The tribunal could issue legally binding orders to landlords and tenants.
The department had launched a provincial assessment pilot programme that could include farm service tenancies, he said.