Fears for tenants in meth eviction rules
‘‘Moral panic’’ over methamphetamine contamination under a proposed new law allowing landlords to throw people out of rented premises with seven days’ notice will cause worse problems than it solves.
This is the view of the New Zealand Drug Foundation which opposes draconian proposals in the Residential Tenancies Amendment Bill being considered by MPs.
The Drug Foundation’s submission reflects several other groups’ concerns about tenants copping blame for contamination they didn’t cause, and being made homeless in tight rental markets.
‘‘There is no evidence of an immediate health risk from being in a house where methamphetamine has been used but not manufactured. In most cases there will be no evidence that the tenant was at fault.
‘‘We believe the negative human rights implications far outweigh any possible message that may be sent to tenants about the importance of not smoking methamphetamine in rental properties.
‘‘We are particularly concerned about the implications for families, especially those with young children, of having to leave a property at such short notice.’’
Another big issue was the level of tenant liability for damage to homes.
Barrister and Tenancy Tribunal adjudicator Alan Henwood said the proposal setting tenant liability to four weeks rent ignored different rental levels.
‘‘For example, a tenant in a single bedroom tenancy, in a new apartment block, may pay a rent of $350 a week, thereby capping liability at $1400. A tenant in a luxury apartment in Wellington may pay a rent of $2000 a week, capping liability at $8000.’’
But the Insurance Council said the liability cap was ‘‘far too low to incentivise tenants to take care of others’ property... tenants should remain liable for their gross negligence and recklessness.
‘‘Tenants’ behaviour is far more likely to be shaped by considering a worst-case scenario of a multimillion-dollar liability for negligence, than a worst-case scenario of a few hundred dollars.’’
Among the several Human Rights Commission concerns was the development of appropriate meth measuring standards to reflect the level of health risk, as well as the seven day tenancy termination.
‘‘The personal circumstances of tenants must be taken into account prior to any decision being made; including vulnerability indicators such as dependent children or victims of family violence.’’
‘‘There is a balance to be struck between encouraging tenants to take a high degree of care and not exposing them to excessive risk and cost.’’