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		<title>News</title>
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			<title>Keep whānau safe this summer  - Information about pool safety requirements</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/keep-whanau-safe-this-summer-information-about-pool-safety-requirements/</link>
			<description><![CDATA[<p>Pools can be dangerous for young children. All pools pose a serious drowning risk, including permanent, temporary, portable, paddling and spa pools.&nbsp;</p>
<p>Before you buy a pool or rent a property with an existing pool, it is important you are aware of the requirements and comply with them.</p>
<p>All pools 40cm or more in depth require a barrier to keep tamariki safe. There are different requirements depending on the type and size of pool. The full requirements can be found on the Building Performance website or through your local council.</p>
<p><a href="https://www.building.govt.nz/building-code-compliance/f-safety-of-users/pool-safety/guidance-for-pool-owners?gad_source=1&amp;gclid=CjwKCAiA0rW6BhAcEiwAQH28IloKiib2tsJ5-5E9sSqf05l6enAh6YFXb4hnFHJQWzavTHXKVOvzPRoChM4QAvD_BwE">Safety guidance for pool owners - Building Performance</a></p>
<h2>What this means for you</h2>
<p>Tenants, landlords and property managers all have responsibilities and play a part in a safe summer around pools.</p>
<h3>Tenants</h3>
<ul>
<li>Ask for permission and check the rules: If you want to install a pool (including portable pools) you must request permission from your landlord first. Check your council website for local information on pool safety, find out about your potential liability and check the barrier requirements before you purchase and install it. Pool fences require building consent.</li>
<li>Report maintenance issues: If you have a pool, you must report any maintenance issues to your landlord as soon as possible. For example, if the latch on the gate is not closing properly, or if the cover is broken. You must restrict access and be extra careful until repairs have taken place. Ensure you keep the pool reasonably clean and tidy.</li>
<li>Keep children safe: Make sure there is nothing near the pool barrier that children could climb on to get over the fence.</li>
</ul>
<h3>Landlords and property managers</h3>
<ul>
<li>Check and comply with the rules: The owner or the landlord of the rental must make sure the pool and the barrier meet compliance requirements during a tenancy. This includes regular inspections by an Independent Qualified Pool Inspector or a Territorial Authority every 3 years. Check your local council or the Independently Qualified Pool Inspectors website for a list of qualified inspectors. If you are a property manager, make sure you and your tenants have a clear understanding of the obligations and compliance requirements for pool barriers.</li>
</ul>
<p><a href="https://poolinspectors.mbie.govt.nz/">Independently Qualified Pool Inspectors</a></p>
<ul>
<li>Keep records: It is recommended landlords keep all records, such as a current ‘certificate of periodic inspection’ and original building compliance documents. Property managers should request copies from the owner and take note of when inspections are due for your properties.</li>
<li>Check pools at inspections: Check your local council website for pool area safety checklists and include them in your property inspections.</li>
<li>Talk to your tenants: If you find out that your tenants have installed a pool, even a portable pool, you need to take steps to ensure the tenant restricts access in accordance with legal requirements, or have the pool removed.</li>
</ul>
<p><a href="https://www.tenancy.govt.nz/maintenance-and-inspections/regular-maintenance/pools/">Responsibilities around pool safety</a></p>
<p>For general information on all kinds of water safety, including for pools, rivers and beaches, please visit the Water Safety New Zealand website.</p>
<p><a href="https://www.watersafetynz.org/">Water Safety New Zealand</a></p>]]></description>
			<pubDate>Tue, 03 Dec 2024 09:00:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/keep-whanau-safe-this-summer-information-about-pool-safety-requirements/</guid>
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		<item>
			<title>Tenancy bonds moving online</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/tenancy-bonds-moving-online/</link>
			<description><![CDATA[<p>“Tenancy Services hold rental bonds worth around $900 million in the Residential Tenancies Trust Account. We are proud to be kaitiaki (guardians) of New Zealand’s bond service, and excited to be launching a modernised, digital service to make it quicker and easier for tenants and landlords to manage bonds,” says Kat Watson, Head of Tenancy Services.</p>
<p>“The first release of online services enables online bond lodgements and bond top ups. Customers can now use online forms to lodge bonds which increases their visibility of the bond process.”</p>
<p>Property management companies can now connect directly to Tenancy Services using a business-to-business online software application (called an ‘API’). This streamlines the bond lodgement process for property managers, making it faster to process bonds, especially for the larger companies and provides ongoing visibility of these records.</p>
<p>“The ‘digital first’ online approach for bond lodgement is part of a modernisation project to develop new ways to deliver tenancy bond services, led by MBIE and supported by Government and housing agencies across New Zealand.</p>
<p>“The new online service is a refreshing and welcome change from the clunky and heavily manual process with paper-based bond lodgement forms. Our Tenancy Services team is looking forward to delivering a more efficient customer experience as more services are available online.”</p>
<p>The next release is due in early 2025 with new services continuing to be added through the year, this will benefit our customers who will then be able to complete more of their bond management transactions online.</p>
<p>More updates can be found here: <a href="https://www.tenancy.govt.nz/about-tenancy-services/modernising-our-tenancy-bond-service/">Modernising our Tenancy Bond Service » Tenancy Services</a></p>
<p>Media contact: email <a href="https://mailto:media@mbie.govt.nz">media@mbie.govt.nz</a> or phone 021 847 826</p>]]></description>
			<pubDate>Mon, 02 Dec 2024 09:00:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/tenancy-bonds-moving-online/</guid>
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		<item>
			<title>We’re making it easier to lodge bonds</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/were-making-it-easier-to-lodge-bonds/</link>
			<description><![CDATA[<p>1. From late November, you will need to lodge new bonds digitally by using:</p>
<ul>
<li>a new online form for bond lodgements on our Tenancy Services website, or</li>
<li>property management software that is ready for our new business-to-business connection.</li>
</ul>
<p><a href="https://tools.tenancy.govt.nz/lodge-your-bond">Lodge your bond online</a></p>
<p>Bonds already lodged with Tenancy Services won’t be affected and you do not have to take any actions.</p>
<p>2. If you currently pay by direct debit or direct credit then email or post us your lodgement forms, this option will no longer be available.</p>
<p>3. The following payment methods will be available:</p>
<ul>
<li>credit card and Account2Account payments for bonds lodged through the online form on the Tenancy Services website</li>
<li>direct debit and direct credit for bonds lodged through the business-to-business connection.</li>
</ul>
<p>4. Bulk bond lodgements will only be available through the business-to-business connection. You will need to use property management software for this so talk to your vendor for more information.</p>
<p>5. If you usually lodge bonds through property management software, talk to your vendor about how the business-to-business connection will work for you.</p>
<p><a href="https://www.tenancy.govt.nz/rent-bond-and-bills/bond/tenancy-bond-services-transformation/">Find out more about the tenancy bond service changes</a></p>]]></description>
			<pubDate>Tue, 05 Nov 2024 16:30:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/were-making-it-easier-to-lodge-bonds/</guid>
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		<item>
			<title>Bond modernisation</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/were-upgrading-the-tenancy-bond-service-and-changing-how-we-deliver-our-services/</link>
			<description><![CDATA[<p class="MsoNormal">A new system will be introduced as part of the change. This will be a modern, digital-first system that makes bond transactions quicker and easier for landlords, tenants and property managers.</p>
<p class="MsoNormal">Changes will be made in stages, starting with bond lodgements at the end of November.</p>
<p class="MsoNormal"><a href="https://www.tenancy.govt.nz/rent-bond-and-bills/bond/tenancy-bond-services-transformation/">Find out more about the tenancy bond service changes</a></p>]]></description>
			<pubDate>Mon, 21 Oct 2024 09:00:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/were-upgrading-the-tenancy-bond-service-and-changing-how-we-deliver-our-services/</guid>
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		<item>
			<title>Rotorua Landlord ordered to pay exemplary damages, issued with 3-year restraining order</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/rotorua-landlord-ordered-to-pay-exemplary-damages-issued-with-3-year-restraining-order/</link>
			<description><![CDATA[<p>MBIE’s Tenancy Compliance and Investigations Team (TCIT) visited the property owned by Stephen Chiman Bhana on four occasions between November 2022 and April 2023, following complaints from multiple tenants.</p>
<p>During the investigation, TCIT observed the two-bedroom property to be in a very poor state of repair with issues identified such as a badly leaking roof, cracked and broken gutters, holes in the flooring, rotten timber in the window frames, and external soffit and eaves.</p>
<p>In addition to the poor state of the property, the landlord failed to comply with basic healthy homes requirements which meant the tenants had no way of heating the property with a non-functioning heat pump, uncovered open fireplace, draughts, and no ground moisture barrier or drainage. The property was initially rented by a young couple expecting their first child who were reluctant to bring up their newborn baby at the address due to the condition of the property. They eventually moved out during the initial stages of the investigation.</p>
<p>While under investigation by TCIT, Mr Bhana rented out the property again, to a mother with two young children, and increased the rent from $650 to $750 per week, despite not adequately completing any maintenance or repairs. As a result of water dripping through a damaged ceiling, the tenants were unable to use the front bedroom, and all had to sleep in the lounge at one point.</p>
<p>The condition of the property impacted the health of the young children, especially the eldest one who has bronchitis. After the initial site visit, Mr Bhana advised the TCIT investigator the problems identified had been addressed but, after failing to produce information requested, further site visits confirmed this was not the case.</p>
<p>The Tenancy Tribunal found that Stephen Bhana had breached the Act and committed the following unlawful acts:</p>
<ul>
<li>Failing to provide the premises reasonably clean and tidy (one tenancy)</li>
<li>Failing to provide and maintain the premises in a reasonable state of repair (both tenancies)</li>
<li>Failing to comply with the Healthy Homes Standards (both tenancies)</li>
<li>Failing to produce documents to MBIE</li>
</ul>
<p>Brett Wilson, National Manager, Tenancy Compliance and Investigations, said landlords have an obligation to be aware of and comply with their responsibilities under the Act.</p>
<p>“The seriousness of the issues identified at this property and the history of non-compliance associated with the landlord meant it was in the public interest to take this case to the tribunal to hold Mr Bhana accountable,” Brett Wilson said.</p>
<p>“As a result of Mr Bhana’s failure to comply with his obligations as a landlord, his tenants, including young children, continue to live in a cold, damp, and unsafe property. He has incurred additional penalties, money he could have saved if he had taken the time and effort to maintain the property to an acceptable standard,“ he said.</p>
<p>“Landlords have an obligation to be aware of and comply with their responsibilities under the Act. Mr Bhana owns a number of rental properties and should be well aware of what he must provide for each tenancy.”</p>
<p>The adjudicator noted the landlord has made “deliberate decisions” around what maintenance to provide at the property and the effect of the unlawful act is that the tenant has lived in a premises “well below the minimum lawful standards”.</p>
<p>The Tenancy Tribunal also considered the rent charged by Mr Bhana for this property and found that it exceeded the market rent by a “substantial” amount. The adjudicator noted that a three bedroom property in good condition not far from Mr Bhana’s property was seeking $650 per week in rent. &nbsp;In the case of this tenancy the rent had to be considered on the basis that it was a property in poor condition with only one useable bedroom. &nbsp;The adjudicator therefore issued a market rent order reducing the rent at the property from $750 per week to $486 per week.</p>
<p>This market rent order was back dated to 2 November 2023 with the landlord required to reimburse the tenant all overpaid rent within 10 working days of the order, which equates to more than $8,700.</p>
<p>Stephen Bhana was also restrained from committing further unlawful acts of the same kind for a period of 3 years and ordered to undertake all necessary repairs to the property by 23 July 2024. &nbsp;These repairs have not yet been completed and TCIT will continue to monitor.</p>
<p>Mr Bhana has applied for a rehearing of the decision at the Tenancy Tribunal and has also appealed the decision in the District Court. Both proceedings are currently pending. &nbsp;In the interim, a stay of proceedings has been granted in respect of the exemplary damages awarded but the work order, market rent order and rent reimbursement orders must still be complied with.</p>]]></description>
			<pubDate>Mon, 09 Sep 2024 09:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/rotorua-landlord-ordered-to-pay-exemplary-damages-issued-with-3-year-restraining-order/</guid>
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		<item>
			<title>Tenancy Tribunal finds Auckland landlord tried to evade their responsibilities under the Residential Tenancies Act</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/tenancy-tribunal-finds-auckland-landlord-tried-to-evade-their-responsibilities-under-the-residential-tenancies-act/</link>
			<description><![CDATA[<p>The Tenancy Tribunal found Rebecca Jane Allcock required tenants to enter into prohibited transactions relating to clauses in tenancy agreements, failed to lodge bonds, and did not supply the required insulation, healthy homes and insurance statements with tenancy agreements.</p>
<p>The Tribunal heard that a property management company run by Ms Allcock entered into tenancy agreements to lease four properties which were then sublet to tenants on a room-by-room basis.&nbsp;</p>
<p>In February 2022, a Compliance Officer from Tenancy Services started a proactive audit into properties managed by the landlord. In June 2022, a referral was made to an investigator in the Tenancy Compliance and Investigations Team (TCIT) following concerns that the landlord had breached the provisions of the Act. TCIT conducted investigations into multiple properties managed by the landlord, including the four which are relevant to this application.</p>
<p>In October 2022, the landlord advised TCIT that she did not accept that she was a landlord for the purposes of the Act, as the tenants were in a flat sharing arrangement. However, in a decision made on 14 June 2024, the Tenancy Tribunal found that Ms Allcock did not reside in any of the premises as she had claimed and therefore was required to meet her obligations under the Act.</p>
<p>The tenants signed tenancy agreements that contained multiple clauses that contravened the Act such as the parties agreeing not to lodge the bond. In addition to this, Ms Allcock was found to have committed unlawful acts by not providing the required insulation, Healthy Homes Standards (HHS) and insurance statements in the tenancy agreements.&nbsp;</p>
<p>The adjudicator, Hannah Cheeseman, said there is a public interest in holding landlords to account and ensuring that the safeguards built into the legislation to protect tenants are upheld.</p>
<p>“She was put on notice of concerns the Tribunal had as far back as 17 September 2021, and encouraged to seek legal advice. The landlord chose not to do so, instead choosing to use the Act when it suited but deny jurisdiction when it did not.</p>
<p>“Being a landlord is a business. Business operators have an obligation to know the law and to ensure that their business practises comply with the law."</p>
<p>TCIT National Manager Brett Wilson said that landlords cannot simply ‘opt out’ of the Act that they are covered under.&nbsp;</p>
<p>“Being a landlord means you have an obligation to be aware of and comply with your responsibilities under the Act, it is there to protect both landlords and tenants to ensure people are able to live in warm, dry and safe homes.”&nbsp;</p>
<p>Rebecca Jane Allcock was also issued with a 3-year restraining order by the Tenancy Tribunal to prevent future breaches of the Act from occurring.</p>]]></description>
			<pubDate>Tue, 30 Jul 2024 09:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/tenancy-tribunal-finds-auckland-landlord-tried-to-evade-their-responsibilities-under-the-residential-tenancies-act/</guid>
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		<item>
			<title>Southland company directors to pay exemplary damages, compensation for breaches of the Residential Tenancies Act.</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/southland-company-directors-to-pay-exemplary-damages-compensation-for-breaches-of-the-residential-tenancies-act/</link>
			<description><![CDATA[<p>MBIE’s Tenancy Compliance and Investigations Team (TCIT) launched an investigation into a Mataura property with multiple flats owned by Hillis Shearing Limited and its directors, William and Sharon Hillis, after receiving a complaint in March 2022.</p>
<p>Investigators described one of the flats as badly neglected and among the worst they had ever seen. Multiple issues were identified across the tenancies, including a leak in the ceiling, a missing ceiling in a bathroom, rotten or missing wallboards, damaged or boarded up windows, walls with large gaps and holes, a lack of ceiling and underfloor insulation and missing smoke alarms.</p>
<p>Investigators were also told the landlord either failed to respond to requests for maintenance or advised the tenants to do it themselves.</p>
<h2>Insulation in rental properties</h2>
<p>Ceiling and underfloor insulation has been compulsory in all rental homes since 1 July 2019.</p>
<p>The healthy homes insulation standard builds on the current regulations and some existing insulation will need to be topped up or replaced.</p>
<p>Between 1 July 2021 and 1 July 2025, all private rentals must comply with the healthy homes standards within certain timeframes from the start of any new, or renewed, tenancy.</p>
<p><a href="https://www.tenancy.govt.nz/healthy-homes/insulation-standard/">Healthy homes insulation standard</a></p>
<h2>Smoke alarms in rental properties</h2>
<p>Working smoke alarms or detectors are compulsory in all rental homes. New smoke alarms must be photoelectric and have a long battery life, or be hard-wired.</p>
<p>Landlords must ensure smoke alarms:</p>
<ul>
<li>are working at the start of each new tenancy</li>
<li>remain in working order during the tenancy.</li>
</ul>
<p>Tenants must:</p>
<ul>
<li>not damage, remove, or disconnect a smoke alarm</li>
<li>replace dead batteries during the tenancy if there are older-style smoke alarms with replaceable batteries</li>
<li>let the landlord know if there are any problems with the smoke alarms as soon as possible.</li>
</ul>
<p><a href="https://www.tenancy.govt.nz/maintenance-and-inspections/smoke-alarms/">Smoke alarms in rental properties</a></p>
<h2>Tenancy Tribunal decision</h2>
<p>The Tenancy Tribunal decision from April 2024 can be found on the Tenancy Tribunal website.</p>
<p><a href="https://forms.justice.govt.nz/search/TT/abstract.html?id=10212175_213644631&amp;applicationNumber=4514709">Tenancy Tribunal</a> — Ministry of Justice</p>]]></description>
			<pubDate>Tue, 30 Jul 2024 14:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/southland-company-directors-to-pay-exemplary-damages-compensation-for-breaches-of-the-residential-tenancies-act/</guid>
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			<title>Healthy homes standards deadline for Kāinga Ora and Community Housing Providers </title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/healthy-homes-standards-deadline-for-kainga-ora-and-community-housing-providers/</link>
			<description><![CDATA[<p>The deadline for these rentals was 1 July 2024.</p>
<p>There are 5 healthy homes standards a rental must meet. These are minimum standards for heating, insulation, ventilation, moisture ingress and drainage, and draught stopping in rental properties.</p>
<p>Landlords who don't meet their obligations under the healthy homes standards are in breach of the Residential Tenancies Act 1986 – and may face consequences, like financial penalties or other enforcement action.</p>
<p>If you’re living in a Kāinga Ora or Community Housing Provider rental that does not meet the standards, talk to your landlord, Kāinga Ora Housing Support Manager or housing provider.</p>
<p>Find out more about the healthy homes standards:</p>
<p><a href="https://www.tenancy.govt.nz/healthy-homes/healthy-homes-standards-what-a-tenant-needs-to-know/">Healthy homes standards - what a tenant needs to know</a></p>
<p><a href="https://www.tenancy.govt.nz/healthy-homes/healthy-homes-standards-what-a-landlord-needs-to-know/">Healthy homes standards – what a landlord needs to know</a></p>
<p><strong>Private rentals have different compliance timeframes.</strong></p>
<p>Private rentals must meet the standards within 120 days of a new or renewed tenancy start date. All other private rentals must comply by 1 July 2025.&nbsp;</p>
<p><a href="https://www.tenancy.govt.nz/healthy-homes/healthy-homes-compliance-timeframes/">More information about the compliance dates</a></p>]]></description>
			<pubDate>Fri, 05 Jul 2024 13:53:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/healthy-homes-standards-deadline-for-kainga-ora-and-community-housing-providers/</guid>
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		<item>
			<title>Dunedin property management company to pay damages for breaching smoke alarm requirements</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/dunedin-property-management-company-to-pay-damages-for-breaching-smoke-alarm-requirements/</link>
			<description><![CDATA[<h2>Smoke alarms are compulsory in all rental properties<br><!--[endif]--></h2>
<p>Working smoke alarms or detectors are compulsory in all rental homes. New smoke alarms must be photoelectric and have a long&nbsp;battery life, or be hard-wired.</p>
<p>Landlords must ensure smoke alarms are working at the start of each new tenancy and remain in working order during the tenancy.</p>
<p>Smoke alarms must be installed:</p>
<ul>
<li>within 3 metres of each bedroom door, or in every room where a person sleeps</li>
<li>in each level or storey of a multi-storey or multi-level home</li>
<li>in all rental homes, boarding houses, rental caravans, and self-contained sleep-outs.</li>
</ul>
<p><a href="https://www.tenancy.govt.nz/maintenance-and-inspections/smoke-alarms/">Smoke alarms in rental properties</a></p>
<p>In this case the tribunal adjudicator found that Cutlers had acted intentionally in failing to comply with the Act, in regard to their responsibilities as the landlord of a two-storied residential property, containing two separate dwellings, that caught fire in September 2022. When the fire occurred, smoke alarms did not activate in either the upstairs or downstairs flat. The fire was only detected when one of the downstairs tenants smelt something ‘melting’.&nbsp;</p>
<p>The Fire and Emergency New Zealand station officer who attended the tribunal hearing stated: ‘If the fire had occurred an hour later, it is likely the tenants would have been asleep and would not have been alerted to the fire by smell and the consequences may have been catastrophic. This is not an overstatement or dramatization of the facts. It is the plain fact and stresses the importance of smoke alarms.’</p>
<p>Evidence supplied by MBIE’s Tenancy Compliance and Investigations Team (TCIT) showed that Cutlers provided non-compliant smoke alarms to the downstairs flat and left them for the tenants to install. The smoke alarms were subsequently installed by a family member of the tenants but were not tested.</p>
<p>Inspection of a smoke alarm in the upstairs flat, which failed to activate, found it was expired and not functioning. The property manager who carried out inspections on the tenancy had recorded the smoke alarm as compliant without testing either the operation of the alarms or recording the expiry dates of the smoke alarms in the upstairs flat.</p>
<p>TCIT National Manager, Brett Wilson, says the decision emphasises that a landlord must have compliant and operational smoke alarms in each residential rental property.</p>
<p>“There must be at least one smoke alarm in each flat and they must be located within 3 meters of any sleeping space.&nbsp; The smoke alarms in these tenancies were required to be 10-year photoelectric smoke alarms.</p>
<p>“Smoke alarms save lives, and it is important that both landlords and tenants are aware of their obligations to install and maintain them.&nbsp; Failure to comply with the smoke alarms regulations could result in significant financial penalties,” says Brett Wilson.</p>
<p>TCIT has recently completed a compliance operation where the focus was solely on ensuring landlords were meeting their obligations to have working smoke alarms installed at rental properties. The TCIT checks covered over 1300 landlords around the country.</p>
<p>“The results showed a high level of compliance among landlords; however this tribunal case highlights the significant risks of what could happen where landlords fail to meet their obligations,“ says Brett Wilson.</p>
<h2>Tenancy Tribunal decision</h2>
<p>The Tenancy Tribunal decision from April 2024 can be found on the Tenancy Tribunal website:</p>
<p><a href="https://forms.justice.govt.nz/search/TT/">Tenancy Tribunal</a> — justice.govt.nz</p>]]></description>
			<pubDate>Tue, 16 Jul 2024 09:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/dunedin-property-management-company-to-pay-damages-for-breaching-smoke-alarm-requirements/</guid>
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			<title>Changes to Tenancy Tribunal application fee</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/changes-to-tenancy-tribunal-application-fee/</link>
			<description><![CDATA[<p>The new fee will apply to all applications lodged from 1 July.<br><!--[endif]--></p>
<p>The changes will ensure the fees better reflect the costs of administering courts and tribunals.</p>
<p>For more information about making an application to the Tenancy Tribunal, see our website.</p>
<p><a href="https://www.tenancy.govt.nz/disputes/tribunal/making-an-application/">How to apply to the Tenancy Tribunal</a></p>]]></description>
			<pubDate>Mon, 17 Jun 2024 09:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/changes-to-tenancy-tribunal-application-fee/</guid>
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			<title>Residential Tenancies Amendment Bill introduced to Parliament</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/residential-tenancies-amendment-bill-introduced-to-parliament-2024/</link>
			<description><![CDATA[<h3>The Amendment Bill includes:</h3>
<ul>
<li>changes to notice periods and how tenancies can end</li>
<li>technical changes to improve the clarity and efficiency of the Residential Tenancies Act (RTA)</li>
<li>the introduction of pet bonds and other changes to the rules around keeping pets.</li>
</ul>
<p>The Bill was referred to the Social Services and Community Committee for consideration. Submissions opened 22 May 2024 and will close 3 July 2024.</p>
<h3>You can find out more about the Bill here:</h3>
<p><a href="https://www.parliament.nz/en/pb/sc/make-a-submission/document/54SCSSC_SCF_8E66DA7E-7337-4C58-1394-08DC75512299/residential-tenancies-amendment-bill">How to make a submission on the Bill</a> — New Zealand Parliament</p>
<p><a></a><a href="https://bills.parliament.nz/v/6/8e66da7e-7337-4c58-1394-08dc75512299?Tab=history">Residential Tenancies Amendment Bill</a> — New Zealand Parliament</p>
<h2>More information about the changes:</h2>
<p><a></a><a href="https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-changes-to-tenancy-laws-regarding-terminations-and-notice-periods/">Government announces proposed changes to tenancy laws regarding terminations and notice periods</a></p>
<p><a href="https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-pet-related-changes-to-tenancy-laws/">Government announces pet related changes to tenancy laws</a><!-- [if !supportAnnotations]--></p>
<p><a href="https://www.hud.govt.nz/our-work/residential-tenancies-act-1986-amendments-making-it-easier-for-tenants-to-keep-pets/">Residential Tenancies Act 1986 Amendments&nbsp;</a> — Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development</p>]]></description>
			<pubDate>Fri, 24 May 2024 10:30:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/residential-tenancies-amendment-bill-introduced-to-parliament-2024/</guid>
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			<title>Christchurch businessman’s appeal against Tenancy Tribunal decision dismissed</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/christchurch-businessmans-appeal-against-tenancy-tribunal-decision-dismissed/</link>
			<description><![CDATA[<p>The Tribunal ruled in December 2021 that, while Gary Gray predominantly used the Talfourd Place premises to operate his business, ‘Doctor Concrete’, he had breached the Residential Tenancies Act 1986 (The Act) by renting areas of the building as a residential rental.</p>
<p>He was ordered to pay $9,620.44 in exemplary damages, reimbursement of rent and costs to the Ministry of Business, Innovation and Employment (MBIE), on behalf of one affected tenant.</p>
<p>The tenant was employed by Mr Gray while renting a makeshift unit on a mezzanine floor in the building, which the City Council had issued a dangerous building notice.</p>
<p>During a site visit by MBIE’s Tenancy Compliance and Investigations Team (TCIT), the Christchurch City Council and Fire and Emergency New Zealand (FENZ) in February 2021, a number of people were found to be living in substandard conditions on the mezzanine floor area constructed by Mr Gray.</p>
<p>While acknowledging that others had lived at the address, Mr Gray disputed that the tenant who initially raised the complaint was one of them.</p>
<p>It was established that no building consents had been obtained for the building work, and it was unlikely to comply as the building did not meet the standards of the Building Code.</p>
<p>It was also noted that there was flammable material stored directly below the residential areas. The building had no fire alarm system and lacked escape routes and fire exits.</p>
<p>The Tribunal found Mr Gray had committed an unlawful act intentionally and over an extended period of time, in that he failed to comply with all requirements in respect of building, health and safety under enactments that apply to the address. The Adjudicator also ruled that the premises were unlawful and should not have been occupied.&nbsp;&nbsp;</p>
<p>Brett Wilson, National Manager, TCIT, said the Adjudicator highlighted in his findings that Mr Gray was aware from 2017 of the unlawfulness of his arrangements in using the building for residential use.</p>
<p>“The Adjudicator also highlighted Mr Gray’s efforts to impede the investigation and said he found it difficult to conceive a more significant and sustained breach of the Residential Tenancies Act.”</p>
<p>Mr Gray subsequently appealed the decision and an appeal hearing was heard by Judge Tuohy at the District Court in Christchurch on 14 December 2023.</p>
<p>Judge Tuohy dismissed the appeal and stated that evidence provided by a new witness, which was intended to be the main plank of Gray’s defence, had the opposite effect, causing him to conclude that the tenant had undoubtedly been a tenant, residing at the premises.</p>
<p>Brett Wilson was pleased the Tribunal’s ruling was upheld and that Judge Tuohy and the Adjudicator had both highlighted how inappropriate it is to rent out unconsented, non-compliant and unsafe properties to tenants.</p>
<p>“Judge Tuohy highlighted that Mr Gray was the landlord and that the deliberate and blatant breaches of fire safety and other provisions put the lives of vulnerable people at risk.”</p>
<p>On 12 March 2024 MBIE was awarded further costs of $3000 in defending the Tribunal decision.</p>
<h2>Landlords need to comply with various legal obligations</h2>
<p>The Tenancy Tribunal has full jurisdiction over cases that concern unlawful residential premises.</p>
<p>Unlawful residential premises are properties that cannot lawfully be lived in generally or by the tenant.</p>
<p>Examples of properties that may not be able to be lawfully lived in by a tenant include a property in a commercial premises such as office buildings.</p>
<p><a href="https://www.tenancy.govt.nz/starting-a-tenancy/who-is-protected/who-tenancy-law-protects/">Who tenancy law protects</a></p>
<p>The Act also reinforces that landlords ‘comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises’.</p>
<p><a href="https://www.tenancy.govt.nz/maintenance-and-inspections/laws-and-bylaws/">Laws and bylaws</a></p>]]></description>
			<pubDate>Wed, 17 Apr 2024 13:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/christchurch-businessmans-appeal-against-tenancy-tribunal-decision-dismissed/</guid>
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			<title>Tauranga boarding house landlord ordered to pay exemplary damages for breaching the healthy homes standards</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/tauranga-boarding-house-landlord-ordered-to-pay-exemplary-damages-for-breaching-the-healthy-homes-standards/</link>
			<description><![CDATA[<p>An investigation into the Tauranga boarding house was opened by MBIE’s Tenancy Compliance and Investigations Team (TCIT) in June 2022, following a complaint by a third party.</p>
<p>A site visit found multiple concerns, including no heating in the main living room, the removal of multiple hot water taps, no extractor fans in the bathrooms or kitchen, and no adequate cooking facilities. Multiple tenants were also charged bond greater than 4 weeks’ rent.</p>
<p>The Tribunal agreed with these findings in a decision made on 5 March 2024, which found that the landlord failed to comply with the healthy homes standards for heating and ventilation. They also failed to comply with building health and safety regulations, interfered with the supply of water to tenants, and charged excessive bond on multiple occasions.</p>
<p>In its decision the Tribunal said, “The healthy homes standards were well signalled long before they came into force, and the breaches came to light more than 12 months after the commencement date for boarding houses. As a professional accommodation provider, Edgecumbe was required to inform itself of its legal obligations and to comply with them.”</p>
<p>Edgecumbe House Limited was also issued with a 3-year restraining order from committing further unlawful acts of the same kind.</p>
<p>“Due to the extent and scale of the potential harm and the vulnerability of the tenants, TCIT felt it was in the public interest to progress this case to the Tribunal and we are pleased to have achieved a positive outcome for the affected tenants,” says Brett Wilson, National Manager, TCIT.&nbsp;</p>
<p>“Boarding houses have been required to comply with the healthy homes standards since 1 July 2021, but all of the tenants spoken to as part of this case were concerned that raising any issues would have had a negative effect on their tenancies.”</p>
<p>“The Tribunal found that the landlord acted intentionally and that while they initially acted promptly to remedy the breaches of the Act, after they were pointed out by TCIT, the landlord initially restricted how often the heater could be used, and there was a history of the landlord removing facilities or not repairing them.”</p>
<p>“Boarding houses are a significant focus for TCIT as they often house some of the most vulnerable people who are not in a position to address any tenancy issues themselves. A large number of the residents at this boarding house, in particular, have a history of housing insecurity,” Brett Wilson says.&nbsp;</p>
<h2>Boarding houses and the healthy homes standards&nbsp;</h2>
<p>Boarding houses must meet the healthy homes standards. This has been a requirement since 1 July 2021. All houses rented by Kāinga Ora (formerly Housing New Zealand) and registered Community Housing Providers must comply by 1 July 2024. All rental homes must comply by 1 July 2025 or within 120 days of the start of a new or renewed tenancy.</p>
<p>The healthy homes standards set specific and minimum standards for heating, insulation, ventilation, moisture and drainage, and draught stopping in rental properties.</p>
<p>Landlords must also include a healthy homes standards compliance statement in any new or renewed boarding house tenancy agreement. This has been a requirement since 1 December 2020.</p>
<p><a href="https://www.tenancy.govt.nz/healthy-homes/">About the healthy homes standards</a><br><a href="https://www.tenancy.govt.nz/healthy-homes/compliance-statement/">Healthy homes standards compliance statement</a></p>
<h2>Tenancy Tribunal decision</h2>
<p><a href="https://forms.justice.govt.nz/search/TT/abstract.html?id=10044424_212051174&amp;applicationNumber=4573609">Tenancy tribual application number: 4573609</a> — Ministry of Justice</p>]]></description>
			<pubDate>Fri, 12 Apr 2024 09:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/tauranga-boarding-house-landlord-ordered-to-pay-exemplary-damages-for-breaching-the-healthy-homes-standards/</guid>
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			<title>Government announces proposed pet-related changes to tenancy laws</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-pet-related-changes-to-tenancy-laws/</link>
			<description><![CDATA[<p>The proposed pet-related changes to the Act will:</p>
<ul>
<li>introduce a pet bond (set at a maximum of 2 weeks' rent) that can be charged in addition to the existing bond</li>
<li>make tenants liable for all pet damage to properties beyond fair wear and tear. This means a tenant is fully liable for any accidental or careless damage caused by pets, as well as any intentional damage, and</li>
<li>require that tenants may only have a pet or pets with the consent of the landlord, who can withhold consent on reasonable grounds.</li>
</ul>
<p>The Ministry of Business, Innovation and Employment (MBIE) administers the tenancy bond system, and will be responsible for collecting, holding and refunding pet bonds.</p>
<p>More information about the changes:<br><a href="https://www.hud.govt.nz/our-work/residential-tenancies-act-1986-amendments-making-it-easier-for-tenants-to-keep-pets/">Residential Tenancies Act 1986 Amendments: Making it easier for tenants to keep pets</a> — Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development<br><a href="https://www.beehive.govt.nz/release/pet-bonds-winwin-renters-and-landlords">Pet bonds a win/win for renters and landlords</a> — Beehive.govt.nz</p>]]></description>
			<pubDate>Mon, 15 Apr 2024 13:40:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-pet-related-changes-to-tenancy-laws/</guid>
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			<title>Government announces proposed changes to tenancy laws regarding terminations and notice periods</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-changes-to-tenancy-laws-regarding-terminations-and-notice-periods/</link>
			<description><![CDATA[<p>The proposed changes to the Act will:</p>
<ul>
<li>reintroduce 90-day ‘no cause’ terminations for periodic tenancies, meaning landlords can end a periodic tenancy without requiring a specific reason</li>
<li>return landlords’ notice periods for ending a periodic tenancy to 42 days where:
<ul>
<li>they want to move themselves or a family member into the property, or</li>
<li>the tenancy agreement states the property is usually used to house employees, and they want to move an employee into the property, or</li>
<li>where the property is subject to an unconditional agreement for sale requiring vacant possession</li>
</ul>
</li>
<li>return tenants’ notice period for ending a periodic tenancy to 21 days, and</li>
<li>reintroduce landlords’ ability to give notice to end a fixed-term tenancy at the end of the term without requiring a specific reason.</li>
</ul>
<p>More information about the changes:</p>
<p><a href="https://www.hud.govt.nz/our-work/proposed-changes-to-the-residential-tenancies-act-1986-termination-of-tenancies/">Proposed changes to the Residential Tenancies Act 1986: Termination of tenancies</a> — Te Tūāpapa Kura Kāinga – Ministry of Housing and Urban Development<br><a href="https://www.beehive.govt.nz/release/tenancy-rules-changes-improve-rental-market">Tenancy rules changes to improve rental market</a> — Beehive.govt.nz</p>]]></description>
			<pubDate>Thu, 11 Apr 2024 00:00:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/government-announces-proposed-changes-to-tenancy-laws-regarding-terminations-and-notice-periods/</guid>
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			<title>Report released into the proactive assessment of multi-storey boarding houses</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/report-released-into-the-proactive-assessment-of-multi-storey-boarding-houses/</link>
			<description><![CDATA[<p>MBIE’s Tenancy Compliance and Investigations Team (TCIT) visited 37 properties to check their compliance with landlord obligations under the Residential Tenancies Act 1986.</p>
<p>The report is now available on the Building Performance website.</p>
<p><a href="https://www.building.govt.nz/managing-buildings/report-into-safety-assessments-of-boarding-houses/">Operation Magazine – Report into boarding house fire safety and landlord compliance</a> — Building Performance</p>
<p>TCIT will continue to work with boarding house operators to ensure they meet their obligations under the Residential Tenancies Act 1986, including compliance with the healthy homes standards.</p>
<p><a href="https://www.tenancy.govt.nz/starting-a-tenancy/boarding-houses/">More information on boarding house tenancies</a></p>]]></description>
			<pubDate>Wed, 27 Mar 2024 17:30:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/report-released-into-the-proactive-assessment-of-multi-storey-boarding-houses/</guid>
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			<title>Landlord to pay exemplary damages, issued with 3-year restraining order for multiple breaches of the Residential Tenancies Act</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/landlord-to-pay-exemplary-damages/</link>
			<description><![CDATA[<p>Shirley Anne Sharp was also issued with a 3-year restraining order by the Tenancy Tribunal to prevent future breaches of the Act from occurring if she was to act as a landlord in the future.</p>
<p>In June 2020, a case was opened by MBIE’s Tenancy Compliance and Investigations Team (TCIT) in response to a complaint laid by four former tenants of the Blockhouse Bay property.</p>
<p>The investigation found multiple issues, including mould, a rotten deck and weatherboards, holes in the wall and floor, an inoperative bathroom, plugs and light fittings hanging from the wall and a heater and oven that did not work as well as issues with non-lodgement of bonds, insulation and lack of smoke alarms.</p>
<p>TCIT lodged applications on behalf of the 4 tenants on 27 May 2021.</p>
<p>On 9 January 2024, the Tenancy Tribunal determined Ms Sharp was liable for multiple breaches of the Act, including failure to provide premises that were lawful, clean, and in a reasonable state of repair.</p>
<p>“The Tribunal noted the boarding house had become rundown, decrepit and unsafe, and the tenants in this case were particularly vulnerable due to the fear of becoming homeless,” said Brett Wilson, National Manager, Tenancy Compliance and Investigations.</p>
<p>“The Act requires that the landlord must comply with all requirements in relation to buildings, health and safety, and the Tribunal had no doubt Ms Sharp had not met this requirement, concluding that the buildings were dangerous, insanitary and not fit for humans to live in.”</p>
<p>The Tribunal also found Ms Sharp failed to provide smoke alarms, failed to insulate the property, and failed to lodge bond payments for multiple tenants.</p>
<p>“Landlords should be aware of their obligations under the Residential Tenancies Act and work to ensure they are meeting them,” Brett Wilson said.</p>
<p>Landlords of boarding houses are not required to lodge bonds with Tenancy Services’ Bond Centre where that bond is one weeks’ rent or less. The Tribunal found that for two tenancies, the bonds were over one week of rent, so needed to be lodged with the Tenancy Services Bond Centre.</p>
<p>The Tribunal noted Ms Sharp’s claim that her records of tenancy agreements and bond payments had been destroyed was not consistent with some of these records later being discovered.</p>
<p>The Tribunal Adjudicator, Rex Woodhouse, also stated the breaches were severe enough to issue Ms Sharp with a three-year restraining order.</p>
<p>“The Tribunal has made significant orders against the landlord, and in the circumstances of this case determined that a restraining order is required, to prohibit future breaches from occurring should the landlord operate another boarding house.”</p>
<p>A Dangerous and Insanitary Building Notice (DIBN) was issued by Auckland City Council in September 2020, that required all occupants to vacate the premises within 10 days. &nbsp;The landlord subsequently shut down the boarding house down, which has since been demolished.</p>
<p>Tenancy Tribunal decision can be found here:<br><a href="https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10020524-Tribunal_Order_Redacted.pdf">10020524-Tribunal Order Redacted [PDF 11.1 MB]</a> — Justice.govt</p>]]></description>
			<pubDate>Fri, 01 Mar 2024 14:00:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/landlord-to-pay-exemplary-damages/</guid>
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			<title>Tenant awarded over $2,000 after landlord tried to end tenancy in retaliation</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/tenant-awarded-over-2000-after-landlord-tried-to-end-tenancy-in-retaliation/</link>
			<description><![CDATA[<p class="MsoNormal">The tenant received the email after the landlord was issued an Improvement Notice to resolve a complaint made by the tenant about the rental property.&nbsp;</p>
<p class="MsoNormal">In his decision, the Tenancy Tribunal adjudicator, Rex Woodhouse stated that “there are strong interests for tenants and the public generally, that when termination notices are given, they are only given lawfully. Ending a person’s tenancy is a very significant step to take.”</p>
<p class="MsoNormal">The case was opened following a complaint lodged by a third-party with the Tenancy Compliance and Investigations Team (TCIT) at the Ministry of Business, Innovation and Employment (MBIE). While the complaint was regarding water ingress concerns at the property, the source of the water leak could not be found without invasive work being completed. However, an electrical fault was also noted by TCIT. It appeared that there was no power in the living area and one bedroom of the property.&nbsp;</p>
<p class="MsoNormal">On 16 November 2023, TCIT issued an Improvement Notice requiring the landlord, Ms Wei Zhang, to address the electrical fault. When TCIT spoke to Ms Zhang, to advise of the Improvement Notice, she said she would send an email to the tenants to end their tenancy.&nbsp;</p>
<p class="MsoNormal">Within 15 minutes of TCIT sending the Improvement Notice to Ms Zhang she sent an email to TCIT with the tenants copied in terminating the tenancy, saying she wanted to redecorate and live in the house.</p>
<p class="MsoNormal">TCIT contacted the landlord saying that they believed the termination notice to be retaliatory.</p>
<p class="MsoNormal">A ‘retaliatory notice’ is where a landlord gives notice to a tenant to end a tenancy in retaliation for a tenant standing up for their rights. For example, if they make a complaint about the tenancy.</p>
<p class="MsoNormal">If a landlord issues a retaliatory notice the tenant can apply to the Tribunal to have the notice set aside. The tenant must apply within 28 working days of receiving the notice.</p>
<p>More information on retaliatory notices can be found here: <br><a href="https://www.tenancy.govt.nz/ending-a-tenancy/giving-notice-to-end-tenancy/">Giving notice to end a tenancy</a></p>
<p class="MsoNormal">In December 2023, on behalf of MBIE, TCIT lodged an application with the Tenancy Tribunal seeking a declaration that the notice ending the tenancy was retaliatory and therefore of no effect.</p>
<p class="MsoNormal">In their order of 19 January 2024, the Tenancy Tribunal said that the landlord had acted intentionally. They were satisfied that when the landlord issued the termination notice to the tenant, it was at least partly motivated by the complaint. This was the factor that made it retaliatory.&nbsp;</p>
<p class="MsoNormal">While the landlord had stated that the termination notice was issued as she wanted to move into the property herself, she provided no evidence of this to the Tribunal, who found that the evidence provided by TCIT supported a finding that the landlords actions were retaliatory.</p>
<p class="MsoNormal">Since 2017, TCIT has taken a total of 3 cases to the Tenancy Tribunal concerning retaliatory notice. TCIT National Manager Brett Wilson says, “landlords should be aware that they cannot terminate a tenancy because the tenant has complained or TCIT decided to take enforcement action against the landlord.”</p>
<p class="MsoNormal">He further noted that there are “protections like these in place for tenants who do complain about their tenancy and TCIT will take steps to enforce these protections as everyone has the right to live in a warm, dry and safe home.”</p>
<p>Tenancy Tribunal decision:<br><a href="https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9859597-Tribunal_Order_Redacted.pdf">9859597 Tribunal Order [PDF, 53.8KB]</a> — Ministry of Justice</p>]]></description>
			<pubDate>Tue, 27 Feb 2024 14:00:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/tenant-awarded-over-2000-after-landlord-tried-to-end-tenancy-in-retaliation/</guid>
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			<title>Landlord has been ordered to pay exemplary damages</title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/landlord-has-been-ordered-to-pay-exemplary-damages/</link>
			<description><![CDATA[<p>In March 2021, a case was opened by the Tenancy Compliance and Investigations Team (TCIT) at MBIE in response to an allegation received from a tenant of Hambletonian Limited in north Waikato.</p>
<p>The investigation found that Hambletonian Limited were operating a boarding house and were not compliant with boarding house rules under the RTA. &nbsp;</p>
<p>The landlord failed to lodge bonds for multiple tenants, arguing that the people living at the property were flatmates, and not boarding house tenants.</p>
<p>The case was heard by the Tenancy Tribunal, and the Tribunal was clear that the people living at the property were boarding house tenants.</p>
<p>“The Tribunal noted that parties cannot contract out of the Residential Tenancies Act. This means that a landlord cannot avoid his or her obligations by labelling the relationship as something other than a residential tenancy,” said Brett Wilson, National Manager, Tenancy Compliance and Investigations.</p>
<p>“Landlords should be aware of their obligations under the Residential Tenancies Act and work to ensure they are meeting them.”</p>
<p>All of the tenants at the property signed a flat sharing agreement and were unaware that they were entering a boarding house tenancy until visits from TCIT.</p>
<p>As well as failing to lodge a bond for the tenants living at the property, the Tenancy Tribunal found that the landlord breached their obligations relating to smoke alarms, healthy homes standards, and tenancy agreements.</p>
<p>“The Residential Tenancies (Smoke Alarms and Insulation) Regulations 2016 requires smoke alarms to be installed within at least 3 metres of each bedroom door, or in every room where a person sleeps,” Brett Wilson said. <br><br>“The Tribunal found there was a lack of smoke alarms and the distance to the nearest smoke alarm was over 4 metres away. The Tribunal noted that if there had been a fire then the consequences may have been catastrophic as the property is an old wooden structure, far away from urban fire stations, and it is likely any fire would have taken hold quickly and would not have been put out by the residents,” Brett Wilson said.</p>
<p>“Landlords should comply with smoke alarm requirements because smoke alarms save lives.”</p>
<p>The Tribunal also found that there was no underfloor insulation at the property for approximately 2 years after landlords were required to comply with the regulations.</p>
<p>As part of the total fine handed out, $1,600 in exemplary damages was awarded after the landlord failed to lodge tenant bonds, instead charging tenants a ‘land access’ fee which was not always returned at the end of the tenancy.</p>
<p>The Tribunal emphasised that it is important for bonds to be lodged at the Bond Centre so if there is a dispute about the bond at the end of the tenancy, tenants have the option to go to the Tenancy Tribunal.</p>
<p>The landlord has applied for a re-hearing and the Tenancy Tribunal has granted a stay of proceedings.<br><b></b></p>
<h2>Tribunal findings:</h2>
<p><a href="https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9471577-Tribunal_Order_Redacted.pdf">9471577-Tribunal_Order_Redacted <span>[PDF, 121KB]</span></a> — Justice.govt</p>]]></description>
			<pubDate>Wed, 20 Dec 2023 11:05:00 +1300</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/landlord-has-been-ordered-to-pay-exemplary-damages/</guid>
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			<title>Property manager to pay damages after failing to comply with Improvement Notice </title>
			<link>https://www.tenancy.govt.nz/about-tenancy-services/news/property-manager-to-pay-damages-after-failing-to-comply-with-improvement-notice/</link>
			<description><![CDATA[<p>This case is the first time the Tenancy Compliance and Investigations Team (TCIT) has taken a case to the Tenancy Tribunal for failure to comply with an improvement notice. Improvement notices have been available as an enforcement power since 11 February 2021.</p><p>The Improvement Notice was issued to Property Management Wellington after they failed to provide a healthy homes standard compliance statement for multiple properties where they are the landlord, meaning tenants were not informed whether the property met the healthy homes standards.</p><p>“It is particularly disappointing in this case that the inaction was by a property management company. Property managers should be aware of their obligations under the Residential Tenancies Act and work to ensure they are meeting them,” said Brett Wilson, National Manager Compliance and Investigation.</p><p>The landlord also provided tenancy agreements with unenforceable clauses to multiple properties – such as clauses requiring the tenant to give more notice to terminate the tenancy than what is required and allowing the landlord to give a minimum of four hours’ notice to enter the property. Clauses that conflict with tenant or landlord rights and responsibilities under the Residential Tenancies Act 1986 (RTA) are unenforceable.&nbsp;</p><p>An improvement notice is a notice issued to a landlord or tenant by the Chief Executive of MBIE for a breach or likely breach of the RTA.</p><p>“An improvement notice is an effective tool to ensure all parties are aware of what needs to be improved and the timeframes for improvement. TCIT works with landlords to ensure these improvements are completed in a timely manner. TCIT also has the power to take action where an improvement notice has been ignored,” Wilson said.</p><p>The adjudicator noted that up to 600 tenants did not have the benefit of understanding their rights as tenants because of the actions of the property management company.</p><p>The adjudicator’s impression was that “the landlord had elected to evade its obligations under the RTA and beguile its tenants into believing they had less rights than they did.”</p><p>“The breach of the RTA was particularly egregious, given that the landlord had not complied with the notice even at the time of the hearing, 18 months from when the Improvement Notice was issued,” they noted.</p><p><a href="https://www.tenancy.govt.nz/healthy-homes/compliance-statement/">Information on Healthy Homes Standards compliance statements</a></p>]]></description>
			<pubDate>Fri, 15 Sep 2023 16:30:00 +1200</pubDate>
			
			
			<guid>https://www.tenancy.govt.nz/about-tenancy-services/news/property-manager-to-pay-damages-after-failing-to-comply-with-improvement-notice/</guid>
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