News
RTA rewrite a long time coming but is it foolproof?
Friday 20th of June 2008
One thing all property investors and landlords should be aware of now is the long-winded re-write of the Residential Tenancies Act (RTA).
As, hopefully, all landlords know the RTA is the bible for how to manage your rentals and sets the rules around what tenants and landlords can do.
The RTA rewrite has been a torturous process. It started eight years ago and nearly got derailed last year when another competing bill was presented to Parliament – but then withdrawn.
The final bill is 67 pages long and tough reading.
What has been fascinating is that although this is the central book of instructions for landlords, very few have seen the bill which has been presented back from the select committee. And even organisations you would expect to have read it, such as the National Party housing spokesman, hadn't done so when the NZ Property Investor magazine first contacted them.
One of the most contentious items in the bill is the issue of making tenants liable for only four weeks of rent for any damage.
Feedback so far is that this is far too low and that it is not something the officials discussed with the industry reference group which was consulted about the changes.
Another change is that rental property owners must appoint an agent if they are going to be out of the country for more than 21 days and also let the bond centre know who the agent is.
The key point is that this piece of legislation is now on the runway and getting ready to take off. All investors should be aware, or at least find out, what these changes mean for them.
As, hopefully, all landlords know the RTA is the bible for how to manage your rentals and sets the rules around what tenants and landlords can do.
The RTA rewrite has been a torturous process. It started eight years ago and nearly got derailed last year when another competing bill was presented to Parliament – but then withdrawn.
The final bill is 67 pages long and tough reading.
What has been fascinating is that although this is the central book of instructions for landlords, very few have seen the bill which has been presented back from the select committee. And even organisations you would expect to have read it, such as the National Party housing spokesman, hadn't done so when the NZ Property Investor magazine first contacted them.
One of the most contentious items in the bill is the issue of making tenants liable for only four weeks of rent for any damage.
Feedback so far is that this is far too low and that it is not something the officials discussed with the industry reference group which was consulted about the changes.
Another change is that rental property owners must appoint an agent if they are going to be out of the country for more than 21 days and also let the bond centre know who the agent is.
The key point is that this piece of legislation is now on the runway and getting ready to take off. All investors should be aware, or at least find out, what these changes mean for them.
Comments (2)
Judith King
Four weeks rent to cover damages - unbelievable. I agree entirely with AAA. All for tenants, no rights for landlords. Some of us are just trying to build a little security (so we can pay for our own retirement rather than relying on the government!).
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<br />But it seems to me they want to make it all too hard. We pay for our welfare state in our taxes - and I don't have a problem with that. But when we are expected to pay again simply because we have worked hard to try to cover our own futures, that just isn't fair. When my current good tenants move on, I think my rental will be on the market. The risk in owning rental property now seems to outweigh the potential return.
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16 years ago
RAM NEHARA
As stated before, the RTA has become political football and the reason for this is to attract more votes for Labour.
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<br />It is becoming strange in New Zealand that somebody will do damage to your property and you will pay for that damage. It seems that New Zealand is becoming a place to commit crime and individual is free. If this happens then people will start moving away from properties. The RTA discriminates and it is only for tenant not for landlords. I hold several residential properties across New Zealand and I have seen time and time again that most decisions from court (Tenancy Tribunal) were ruled in favour of the tenant. Whatever the tenant says in court is considered a strong proof.
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<br />This kind law does not exist in the developed world, I live in the States and hold rental here too but laws are very good. For example if the tenant fails to pay rent on time, they have to pay a late fee set in their contract. Why then do they have double standard in law? If you fail to pay your mortgage on time, you pay a late fee. The same rule should apply here. I believe this will draw economic loss to the country in the long run if the Govt doesn't take the appropriate steps.
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<br />We invest money for gain not for loss; this law will put us landlords at a loss. If the Govt bring this kind of law then this country will become the capital of crimes in each sector, as you have seen theft; burglary, we are close to one ranking. People are getting very concerned about these kind of things. There should be mass protest nation-wide against this new RTA and more submissions. I believe that is the only way for this kind of Govt.
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16 years ago
5 min read