In The Know - Property Management
22 May 2019
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Important Deadlines for the Healthy Homes Standards
We understand that there is some confusion around the compliance timeframes for the Healthy Homes Standards.
From 1 July 2021, private landlords will need to ensure that their rental properties comply with the standards within 90 days of any new tenancy or any renewed fixed term tenancy.
This does not apply to existing rental homes that are governed by a periodic tenancy agreement and are only required to be compliant with the Healthy Homes standards by 1 July 2024.
From 1 July 2020, landlords will need to include details in their new or renewed tenancy agreements on how their rental property meets the standards. This will enable tenants to be aware of the standards of the property they are renting prior to the first round of compliance being 1 July 2021. It will not apply to a fixed-term tenancy that will expire prior to the Healthy Homes start day as per the Explanatory Note under the Residential Tenancies (Healthy Homes Standards) Regulations 2019. If this requirement applies before a tenancy’s Healthy Homes start day and the landlord does not yet comply with the standards (because it is before the landlord is required to do so), it may not be possible for the landlord to provide some of the required information. Clause 12 of Schedule 1 deals with this situation and modifies the requirement of information.
The Landlord will also need to provide a separately signed statement of intent to comply with the standards in any new, varied or renewed fixed term agreement. REINZ understands that MBIE are working on templates to be included in the tenancy agreement templates and will make this available in time for the deadline.
Case Update: Miscarriage of justice?
The issue in this case was whether the Tenancy Tribunal could exercise its powers in ordering a rehearing.
Law:
Under section 105(1) of the Residential Tenancies Act 1986 (the Act), the Tribunal has the power to order a rehearing where “a substantial wrong or miscarriage of justice has or may have occurred or is likely to occur”.
A rehearing may be ordered where new evidence was not reasonably available at the first hearing and could have affected the outcome. Generally, the party applying for a rehearing will need to show that the Tribunals procedure was incorrectly followed for example, they did not receive notice that the hearing was going to take place or that they were not given the chance to properly present their case.
A rehearing will not take place just because a party disagrees with the outcome.
Facts:
On 24 April 2019, the Tribunal made an order for water rates arrears and for the tenancy to be terminated. The tenant chose not to appear at the hearing. One week later, the tenant applied for a rehearing on the grounds that the water rates had already been paid.
Finding:
The Tribunal decided against the rehearing because the tenant did not demonstrate the need for one. The Tribunal stated that the basis of terminating the tenancy was not solely based on the water rates arrears. The landlord had served a valid 42-day notice on the tenant to terminate the tenancy and evidenced this with emails from the tenant confirming that they had received it. The tenant also confirmed their understanding that the two issues were separate.
You can find the full decision here.
2019 RPM Conference - Thriving in Changing Times
Friday 2 August, Hilton Hotel Auckland
This not-to-be missed Property Management Conference is hosted by Simon McKinney and filled with a great line-up of speakers such as Lisa O’Neill, Dr Annette Beautrais, Steve Watson, Lisa Gerrard and Sheree Nicholas.
Breakout sessions will be available for Property Managers and Business Owners.
Registration includes Cocktail Networking Drinks where the winner of the ‘2019 Recognition of Contribution to the Property Management Industry’ will be announced.
REINZ and Skills are excited to offer the Residential Property Management Qualification
Just 9 days left to register for the June intake - registrations close Friday 31 May
REINZ and Skills are working together to offer a programme that will arm you with the knowledge, tools, tips and tricks of the trade to help you become a successful property manager with a great reputation.
Sign up before 31 May 2019 and pay only $1,499 +GST per member, instead of $1,599 +GST.
Check out the flyer for more information.
REINZ Residential Rental Review - April 2019
The April REINZ Residential Rental Review is now available here.
