Latest news with #TCIT
RNZ News
2 days ago
- General
- RNZ News
Landlord let 'uninhabitable' property to sister-in-law
Photo: Supplied / MBIE A landlord who rented a property that was "never intended for anyone to live in" to his sister-in-law has been told to pay $5900 in exemplary damages. The identities of the landlord and tenant have been suppressed. The Ministry of Business Innovation and Employment's tenancy compliance and investigations team (TCIT) opened an investigation after it received a complaint in August 2023 from a social assistance provider. The woman was living in a dwelling on the landlord's property and the person making the complaint believed her serious health issues were made worse by her living conditions. The tenancy had not been intended to be permanent but little action had been taken on plans to build a fit-for-purpose cabin. TCIT said there was visible mould, no underfloor insulation, holes in the walls and ceilings, damaged windows, roof damage, visible vegetation in the gutters and electrical cables exposed to the weather. The tenant told TCIT the floor was uneven and flooded in the lounge in a cyclone. She said she had a tenancy agreement but had not paid bond. The landlord did not inspect the property and had not followed through on promises to address problems. The landlord admitted the property was not fit for human habitation and had been empty for years and was not intended to be lived in. The Tenancy Tribunal issued an order after mediation, in which the landlord accepted breaches of the Residential Tenancies Act. TCIT national manager Brett Wilson said landlords had obligations they must meet under the Residential Tenancies Act, which included ensuring the property was provided and maintained in a reasonable state of repair. Photo: Supplied / MBIE "These obligations are not optional; they are a legal requirement. It is not an excuse for the landlord to say they had not intended to rent out the premises, the fact is they did and that means they have a responsibility to comply with the Act. "Despite raising multiple issues with the landlord, who is also a family relative, these matters were either ignored or not fully resolved. In one instance, on being advised there was a large gaping hole in the end room, the landlord said he told the tenant to close the door and not to use the room as a living space," he said. The tribunal adjudicator was satisfied the unlawful acts were committed intentionally and ordered the landlord to pay $5900 in exemplary damages to the tenant and reimbursement of the application filing fee. Photo: Supplied / MBIE In another case dealt with by the tribunal recently, tenants wanted to remain in a property that the landlords argued was uninhabitable. The landlords have been told to pay $1800 in compensation to their tenants over the way they handled repairs to the property. The tenants reported a leak in the laundry floor in March. A water pipe was found to have split and water was spraying on to the underneath of the floor. Access was difficult and a plumber had to put a rag over the pipe so the leaking water went to the ground instead. To fix it properly, the floor in the laundry and bathroom needed to be lifted, and pipe work replaced. The bathroom vanity and shower had to be replaced and there was also damage in the kitchen. The work was estimated to take two weeks. Photo: Supplied / MBIE The tribunal adjudicator accepted it would be difficult for the tenants to live in the premises for that time, and it would be hard for contractors to do the work. But the tenants did not agree to leave. The landlords gave them a 14-day notice to terminate on the basis the premises were uninhabitable. When they did not comply, the landlords issued a trespass notice but police told them it was a case for the Tenancy Tribunal. The tribunal adjudicator said the premises were habitable - a builder's reference to them not being "livable" referred to while the work was being done, when someone could fall through the floor. "The landlords' pressure on the tenants was persistent and I have no hesitation in finding that it amounted to harassment. It followed an invalid termination notice and so it was an interference with the tenants' quiet enjoyment of the premises. That is an unlawful act. "Because the landlords had some reason to think that their notice was valid, I find that the unlawful act was not intentional. But the tenants are entitled to compensation. "I accept that this has been an extremely unpleasant experience for the tenants. The process began with an unlawful notice and things went from bad to much worse when the landlords employed 'self-help' methods to resolve the situation in their favour instead of coming to the Tribunal for a resolution. I find that an award of $1800, being six weeks rent, is appropriate."
NZ Herald
24-05-2025
- NZ Herald
Checks on substandard rentals long overdue
Tenancy officials have carried out spot inspections of student flats in Dunedin this week to check if they meet Healthy Homes Standards. Government rental tenancy officials swooped on some of Dunedin's grottiest student flats this week, making spot checks on properties that might well have shocked even the more seasoned inspectors. Landlords and property managers had prior warning that the Tenancy Compliance and Investigations Team (TCIT) were on the warpath. Wayward
Scoop
24-05-2025
- General
- Scoop
Some Landlords, Tenants Unaware Of Healthy Homes Standards Despite Looming Deadline
Liam White can share some horror stories about rental properties in Dunedin. 'I went into a flat and I saw a window – the landlord had cut out the corner wide enough that you could stick your finger through it so they could open the window past a balcony – there was just a constant draught coming in. There's heat pumps that don't work … there's the classic holes in walls, cladding on the side of houses broken that hasn't been fixed. It's a lot of stuff.' White is president of the Otago University Students Association. The government's Tenancy Compliance and Investigations team (TCIT) has this week been visiting student rentals in Dunedin to check whether they comply with the Residential Tenancies Act. Acting TCIT national manager Clare Lyons-Montgomery said landlords must provide rental homes that are warm, safe and dry. 'Young people are a priority population for our team, as they can be vulnerable and unaware of their rights because they are new to renting. 'Landlords have obligations and responsibilities under the Residential Tenancies Act and must provide a rental home that complies with all building, health and safety requirements in additional to tenancy law.' All rental properties must also comply with the Healthy Homes standards by 1 July this year, which require ventilation, heating and insulation. Tenancies started or renewed on or after 3 March had until then to comply but from 1 July there is no leeway and every new tenancy must comply immediately. White said he had been told about 30 percent of Dunedin student rentals would not comply. But he said students were sometimes hesitant to raise problems with property managers or landlords because they worried about their ability to get a reference in future, or about creating other problems for themselves. The Ministry of Housing and Urban Development said its most recent survey of Healthy Homes compliance was in January 2024 and found 17 percent of landlords said they fully met the standards and almost three-quarters had done something to prepare. 'From July 1, all private rentals must comply with the healthy homes standards. All boarding houses, Kāinga Ora houses and registered community housing provider houses must already comply with the healthy homes standards,' Lyons-Montgomery said. 'Landlords who do not meet their obligations under the standards are in breach of the Residential Tenancies Act 1986 – and may face consequences, like financial penalties.' Sarina Gibbon, general manager of the Auckland Property Investors Association, said she had been talking to colleagues about the lack of awareness about how the deadline applied. 'The situation appears to be split across experience lines. Seasoned landlords and property managers who have had the standards drummed into them since 2019 have largely adapted and developed the right muscle memory. 'You'll recall that in 2022 when the government extended the deadline out by two years so that Kainga Ora could have more runway [it] went down like a lead balloon for the private sector. That said, the already generous compliance timeline should mean that there is no excuse for rental properties to not comply. We are finally getting to a point in the rental sector where we can stop negotiating on tenants' wellbeing.' But she said she was still seeing things that concerned her. 'Many less experienced landlords and property managers seem unaware that, from July 1, there's no grace period – properties must be fully compliant, period. So none of that 90 or 120 day runway from the start of the tenancy. That's fine because the TCIT can clean that up. What worries me the most is that the knowledge gap extends to tenants too. Many don't realise they will have the right to a fully Healthy Homes compliant home from 1 July. This is potentially harmful for vulnerable renters in non-compliant houses. ' She said if landlords did not treat compliance as a priority, it was reasonable to expect the Tenancy Tribunal and TCIT to 'come down hard on them'. 'The industry has had way too long to get our heads around the standards, let's get on with it already.' Some property managers are understood to be preparing to drop clients who are not willing to make changes to comply with the rules. But MBIE is likely to monitor bond forms for a change of landlord from a property manager to a private arrangement, then audit those properties. Matt Ball, spokesperson for the NZ Property Investors Federation, said his organisation's members tended to be well prepared. But he said there could be some 'accidental landlords' who had decided to rent a property rather than sell it who might not have considered it properly. He said he had heard from tradespeople that there had been an increase in inquiry from property owners needing work done to comply. 'There might be some people rushing at the last minute to get everything done.'
Scoop
24-05-2025
- Health
- Scoop
Some Landlords, Tenants Unaware Of Healthy Homes Standards Despite Looming Deadline
Article – RNZ All rental properties must comply with the Healthy Homes standards just weeks from now, including ventilation, heating and insulation. Liam White can share some horror stories about rental properties in Dunedin. 'I went into a flat and I saw a window – the landlord had cut out the corner wide enough that you could stick your finger through it so they could open the window past a balcony – there was just a constant draught coming in. There's heat pumps that don't work … there's the classic holes in walls, cladding on the side of houses broken that hasn't been fixed. It's a lot of stuff.' White is president of the Otago University Students Association. The government's Tenancy Compliance and Investigations team (TCIT) has this week been visiting student rentals in Dunedin to check whether they comply with the Residential Tenancies Act. Acting TCIT national manager Clare Lyons-Montgomery said landlords must provide rental homes that are warm, safe and dry. 'Young people are a priority population for our team, as they can be vulnerable and unaware of their rights because they are new to renting. 'Landlords have obligations and responsibilities under the Residential Tenancies Act and must provide a rental home that complies with all building, health and safety requirements in additional to tenancy law.' All rental properties must also comply with the Healthy Homes standards by 1 July this year, which require ventilation, heating and insulation. Tenancies started or renewed on or after 3 March had until then to comply but from 1 July there is no leeway and every new tenancy must comply immediately. White said he had been told about 30 percent of Dunedin student rentals would not comply. But he said students were sometimes hesitant to raise problems with property managers or landlords because they worried about their ability to get a reference in future, or about creating other problems for themselves. The Ministry of Housing and Urban Development said its most recent survey of Healthy Homes compliance was in January 2024 and found 17 percent of landlords said they fully met the standards and almost three-quarters had done something to prepare. 'From July 1, all private rentals must comply with the healthy homes standards. All boarding houses, Kāinga Ora houses and registered community housing provider houses must already comply with the healthy homes standards,' Lyons-Montgomery said. 'Landlords who do not meet their obligations under the standards are in breach of the Residential Tenancies Act 1986 – and may face consequences, like financial penalties.' Sarina Gibbon, general manager of the Auckland Property Investors Association, said she had been talking to colleagues about the lack of awareness about how the deadline applied. 'The situation appears to be split across experience lines. Seasoned landlords and property managers who have had the standards drummed into them since 2019 have largely adapted and developed the right muscle memory. 'You'll recall that in 2022 when the government extended the deadline out by two years so that Kainga Ora could have more runway [it] went down like a lead balloon for the private sector. That said, the already generous compliance timeline should mean that there is no excuse for rental properties to not comply. We are finally getting to a point in the rental sector where we can stop negotiating on tenants' wellbeing.' But she said she was still seeing things that concerned her. 'Many less experienced landlords and property managers seem unaware that, from July 1, there's no grace period – properties must be fully compliant, period. So none of that 90 or 120 day runway from the start of the tenancy. That's fine because the TCIT can clean that up. What worries me the most is that the knowledge gap extends to tenants too. Many don't realise they will have the right to a fully Healthy Homes compliant home from 1 July. This is potentially harmful for vulnerable renters in non-compliant houses. ' She said if landlords did not treat compliance as a priority, it was reasonable to expect the Tenancy Tribunal and TCIT to 'come down hard on them'. 'The industry has had way too long to get our heads around the standards, let's get on with it already.' Some property managers are understood to be preparing to drop clients who are not willing to make changes to comply with the rules. But MBIE is likely to monitor bond forms for a change of landlord from a property manager to a private arrangement, then audit those properties. Matt Ball, spokesperson for the NZ Property Investors Federation, said his organisation's members tended to be well prepared. But he said there could be some 'accidental landlords' who had decided to rent a property rather than sell it who might not have considered it properly. He said he had heard from tradespeople that there had been an increase in inquiry from property owners needing work done to comply. 'There might be some people rushing at the last minute to get everything done.'
Scoop
24-05-2025
- General
- Scoop
Some Landlords, Tenants Unaware Of Healthy Homes Standards Despite Looming Deadline
Liam White can share some horror stories about rental properties in Dunedin. "I went into a flat and I saw a window - the landlord had cut out the corner wide enough that you could stick your finger through it so they could open the window past a balcony - there was just a constant draught coming in. There's heat pumps that don't work … there's the classic holes in walls, cladding on the side of houses broken that hasn't been fixed. It's a lot of stuff." White is president of the Otago University Students Association. The government's Tenancy Compliance and Investigations team (TCIT) has this week been visiting student rentals in Dunedin to check whether they comply with the Residential Tenancies Act. Acting TCIT national manager Clare Lyons-Montgomery said landlords must provide rental homes that are warm, safe and dry. "Young people are a priority population for our team, as they can be vulnerable and unaware of their rights because they are new to renting. "Landlords have obligations and responsibilities under the Residential Tenancies Act and must provide a rental home that complies with all building, health and safety requirements in additional to tenancy law." All rental properties must also comply with the Healthy Homes standards by 1 July this year, which require ventilation, heating and insulation. Tenancies started or renewed on or after 3 March had until then to comply but from 1 July there is no leeway and every new tenancy must comply immediately. White said he had been told about 30 percent of Dunedin student rentals would not comply. But he said students were sometimes hesitant to raise problems with property managers or landlords because they worried about their ability to get a reference in future, or about creating other problems for themselves. The Ministry of Housing and Urban Development said its most recent survey of Healthy Homes compliance was in January 2024 and found 17 percent of landlords said they fully met the standards and almost three-quarters had done something to prepare. "From July 1, all private rentals must comply with the healthy homes standards. All boarding houses, Kāinga Ora houses and registered community housing provider houses must already comply with the healthy homes standards," Lyons-Montgomery said. "Landlords who do not meet their obligations under the standards are in breach of the Residential Tenancies Act 1986 - and may face consequences, like financial penalties." Sarina Gibbon, general manager of the Auckland Property Investors Association, said she had been talking to colleagues about the lack of awareness about how the deadline applied. "The situation appears to be split across experience lines. Seasoned landlords and property managers who have had the standards drummed into them since 2019 have largely adapted and developed the right muscle memory. "You'll recall that in 2022 when the government extended the deadline out by two years so that Kainga Ora could have more runway [it] went down like a lead balloon for the private sector. That said, the already generous compliance timeline should mean that there is no excuse for rental properties to not comply. We are finally getting to a point in the rental sector where we can stop negotiating on tenants' wellbeing." But she said she was still seeing things that concerned her. "Many less experienced landlords and property managers seem unaware that, from July 1, there's no grace period - properties must be fully compliant, period. So none of that 90 or 120 day runway from the start of the tenancy. That's fine because the TCIT can clean that up. What worries me the most is that the knowledge gap extends to tenants too. Many don't realise they will have the right to a fully Healthy Homes compliant home from 1 July. This is potentially harmful for vulnerable renters in non-compliant houses. " She said if landlords did not treat compliance as a priority, it was reasonable to expect the Tenancy Tribunal and TCIT to "come down hard on them". "The industry has had way too long to get our heads around the standards, let's get on with it already." Some property managers are understood to be preparing to drop clients who are not willing to make changes to comply with the rules. But MBIE is likely to monitor bond forms for a change of landlord from a property manager to a private arrangement, then audit those properties. Matt Ball, spokesperson for the NZ Property Investors Federation, said his organisation's members tended to be well prepared. But he said there could be some "accidental landlords" who had decided to rent a property rather than sell it who might not have considered it properly. He said he had heard from tradespeople that there had been an increase in inquiry from property owners needing work done to comply. "There might be some people rushing at the last minute to get everything done."
