Latest news with #TenancyTribunal
Otago Daily Times
17-07-2025
- Health
- Otago Daily Times
'Mark your own homework': Healthy Homes checks under fire
By Bella Craig of RNZ Like drivers issuing their own warrants of fitness - that's how building experts and renter advocates describe the new Healthy Homes Standards. Since July 1, all rental properties across the motu have been required to comply with the new standards, which set minimum requirements for heating, insulation, ventilation, moisture ingress and drainage. But who gets to say whether a property is up to scratch? Well, with no certification required in order to complete an assessment, the role could technically be filled by anyone. This has prompted calls for an independent certification system. Ideally, under the new standards, damp and draughty rentals should now be a thing of the past. But the New Zealand Institute of Building Inspectors isn't convinced. Chief executive Graeme Blissett, said the standards contain several loopholes. Not least, that anyone can label themselves a healthy homes assessor. "It's a huge problem, because there's no one looking at what they're actually inspecting and writing reports on is actually correct. "There are no guarantees because no one's double-checking what they're doing, and I believe that if you're charging $150, $200 to do a healthy homes inspection on a house, you're not doing it correctly." It doesn't take long to find companies offering Healthy Homes assessments - a business was found online, offering to carry out a certification for around $200. But Blissett fears that without certification, many of these businesses will prioritise "quantity over quality". He said he's seen several certificates that ticked off each of the standards, despite the properties falling short. "The tenants [are] usually up to speed with these sorts of regulations and rules, so if the landlords do it on their own property and they get it incorrect, and the tenant finds out about it or talks to someone, and they've got a little bit of knowledge on it. There is a chance for them to be taken [to] the Tenancy Tribunal. "I believe there's fines of like $5000 or something like that for non-compliance." Renters United President, Zac Thomas, said the Healthy Homes Standards are a positive step towards a warmer and drier housing stock. But he's also concerned about the assessment process. "There is a mark your own homework situation where landlords don't even need to use an independent assessor in the first place. They can say that they are healthy homes compliant, that's the first thing. "But then the second thing is they can get this assessment from an agency that in many cases won't actually be complying or assessing to the standards as they should be." Thomas said that if the checks were completed by qualified assessors, it would give peace of mind to both landlords and tenants. "A renter might go, 'hey, please show me your healthy homes compliance.' They might be worried that the house is not compliant, and the landlord will probably show this, and then they might go, 'Oh well, I guess I have nothing to complain about'. "In reality, if there was a consistent standard, tenants would have the confidence to say, 'Okay, like this does meet standard, therefore I don't need to worry about going to the Tenancy Tribunal." University of Otago Professor, Lucy Telfer Barnard, said that as winter rolls around, if houses aren't up to standard, it's the tenants who face the consequences. "The tenants may not necessarily initially know that's why they're feeling unwell, but then if they do start to wonder, there's whole process that they can then have to go through to get those standards met. "To have that after the fact when they've moved in, in good faith, thinking that the property meets the standards, really isn't fair and puts a whole burden onto people." Landlords who fail to meet the Healthy Homes standards can face fines of up to $7200. Owners of six or more rentals that do not comply could be hit with $50,000 fines. A statement from the Ministry of Housing and Urban Development said they don't assess how landlords achieve compliance, and there is no licensing requirement to undertake Healthy Homes Standards assessments. Moving to this sort of "WOF" scheme would be a big undertaking with significant costs and impacts. It said landlords need to satisfy themselves that the person they hire is suitably experienced and can undertake the required inspection or work to an acceptable standard. If a tenant thinks the property they are renting is not up to standard, they can make a complaint on the Tenancy Services website or apply for a work order from the Tenancy Tribunal.
Otago Daily Times
08-07-2025
- Otago Daily Times
Caution urged over tenancy agreements
A group of Dunedin students who unwittingly signed up to live with a "flatmate from hell" are warning others to take a careful look at their tenancy agreements. One student said they signed what they thought was a tenancy agreement with their landlord. However, the Tenancy Tribunal found the document they signed was effectively a flatmate agreement, which installed the landlord's sister as head tenant. "The head tenant enforced extreme and controlling rules," the student said. The chore list was described as "excessive" and "intensive", breaching the limit of what should be reasonably required, while house rules would "change all the time". These included pulling out the oven once a week to clean underneath, heavy lifting of all furniture once a week to vacuum under, forcing tenants to use the frypan with a lid at all times and soft plastic recycling was compulsory such as washing out and drying potato chip bags. "If put in the main rubbish, they'd be left outside our bedroom doors. These extreme military style rules made peaceful living impossible, and we all felt bullied and unsafe. "There was very limited heating allowed in winter — we were only allowed in evenings, fireplace and wood was rationed. "The sister was unpredictable to live with and we all worried for our own safety." The student spoke to the Otago Daily Times in the hope that others were warned to make sure they were signing on to a proper tenancy agreement. The student applied twice to the Tenancy Tribunal to seek redress, but on both occasions, the tribunal decided it could not rule against the landlord or his sister, because the students had not signed what amounted to a residential tenancy agreement. Despite it not being ruled a tenancy agreement, the student was made to pay a $600 bond, and she felt she was treated as a tenant. The landlord disputed the student's version of events. "Given some of these accusations are demonstrably untrue I am hesitant to believe much else. "There may have been some confusion regarding the type of the tenancy. This was clarified in the appropriate forum which twice found in my favour. "Personal disputes/disagreements between residents — all of whom are adults — and how they live within the house are nothing to do with me. I therefore make no comment on such matters." The landlord's sister also said all the accusations levelled at her were untrue. The student said the agreement itself clearly reflected an Residential Tenancy Agreement (RTA) tenancy. "I felt that by signing an RTA agreement, 'in writing' it meant that I had effectively opted in to the RTA. "I felt very deceived." The ODT has also seen other testimonies from other flatmates, who experienced similar treatment. "When stand-alone, the rules imposed by the sister are not unreasonable," another flatmate said in testimony obtained by the ODT. "However, the intensity of fixed strict rule-following and inflexibility of rules add pressure to the tenants' daily living and essential quality of living." Conflicts arose in the flat environment frequently as a result, the testimony said. Many tenants felt "unsafe" and considered leaving the place, it concluded. Another tenant described the sister to the ODT as the "flatmate from hell" adding she was "extremely transactional" and charged visitors to the flat $10 for a shower. There had been more than 30 tenants in the past five years at the property. They also warned people to take a close look at any contract before signing on to a lease. MBIE Tenancy Practice and Stewardship manager Paul Coggan said common exceptions to the RTA included living arrangements where the tenant resides with the landlord or a member of the landlord's family, certain types of student accommodation, and some flatting situations that did not meet the criteria for a tenancy under the Act. "We strongly encourage individuals to carefully read and understand any agreement they are entering into. If anything is unclear, ask questions and seek clarification from the other party to ensure mutual understanding. "The Tenancy Services website provides helpful resources to assist individuals in determining whether their living arrangement is covered by the Act." Mr Coggan said even if the arrangement was not covered by the Act, people still had rights. Solicitor Rupert O'Brien, of Community Law, said this was a difficult situation for the tenant because the tribunal ruled they were not covered under the Residential Tenancy Act, meaning their only recourse was the disputes tribunal or the District Court. "So she was under the impression she was covered by all these rights and the tribunals decided that she wasn't. "There's all sorts of references to the Residential Tenancies Act in the agreement that they actually signed — despite all of that the Tribunal decided that somehow they hadn't contracted in for the Residential Tenancies Act." Mr O'Brien said this was also a situation where "potentially, regulation of property managers might be helpful".
Otago Daily Times
03-07-2025
- Otago Daily Times
Migrant tenants 'easy prey' for landlords
A migrant worker being charged $250 a week to couch-surf in Queenstown is an example of ongoing abuse in the town, a social leader says. Queenstown Citizens Advice Bureau manager Tracy Pool said some houses packed in migrant workers in conditions that risked safety and hygiene, including people on couches and in bunk beds, with few bathrooms. The revelation comes the day after the Tenancy Tribunal slapped Queenstown landlord James Truong with a $113,723 fine for housing 22 tenants — mostly migrant workers — in an unconsented, unsafe five-bedroom boarding house. The tenants were living in the house, two garages and a shed. The buildings were missing smoke alarms, did not comply with Healthy Homes Standards and the electricity system was overloaded. Mr Truong had been given warnings by the Queenstown Lakes District Council and the government's Tenancy Compliance and Investigations Team (TCIT) since 2020. TCIT national manager Brett Wilson said Mr Truong had known the rules, but ignored them and the tenants were in a "vulnerable situation ... with little knowledge of their rights". Mr Truong was also required to pay back 40% of rent paid by the tenants while the building was being operated as an unconsented boarding house. Ms Pool said that migrant workers on low wages who wanted a room to themselves were being charged $400 a week plus bills, making it hard for them to survive. "If you're paying under $350 it is considered cheap." She said migrant workers were often from the Philippines or India, and were easy prey for greedy head tenants or landlords because the workers wanted to live as cheaply as possible so they could send as much money as possible to their families at home. "It makes it so much harder because it does make them so much more vulnerable to people who take advantage of them," she said. Ms Pool said she knew of a case where a company had decided to stop taking responsibility for staff accommodation in a rented house and had transferred the head tenancy to one of its managers, who had then hiked rents and brought in bunk beds. "He took advantage of the shortage of accommodation going into the winter season, to make as much money as he could." Ms Pool said it was difficult to know the scale of the problem. "It's really difficult to say, but there is always pressure every winter season and that's when things can go haywire." Her message to landlords and head tenants was "don't do it. It's wrong and immoral to take advantage of people like this".
Otago Daily Times
27-06-2025
- Otago Daily Times
Ex-nurse accused of hate crime avoids conviction
A controversial former nurse who was accused of a hate crime at a pro-Palestine rally has avoided conviction over the incident. Jennifer May Scott, 37, appeared in the Dunedin District Court yesterday facing charges of disorderly behaviour, resisting police and failing to remain stopped. Prosecutor Sergeant Simon Reay, though, confirmed Scott had completed diversion on the latter charge and the other counts were withdrawn. The police diversion scheme allows predominantly young or first-time offenders to make amends for their crimes — sometimes by making a reparation payment, writing an apology letter, attending counselling or completing voluntary work — to avoid a mark on their criminal record. However, Scott already has a conviction for intentional damage from 2023 after spray-painting explicit phrases on an ex-boyfriend's ute. The terms of her recent diversion were not discussed in open court. The charges stemmed from an incident on June 1 last year when Scott was allegedly driving in the Octagon. She was accused of filming pro-Palestine protesters with her phone and yelling "Palestine rapes and murders babies. Palestine isn't a country". Scott allegedly ignored police instructions in the aftermath and resisted officers trying to handcuff her. Yesterday's withdrawal of charges was a rare win for Scott after last year was littered with setbacks. The woman, who has called herself "Terf [trans-exclusionary radical feminist] of the South" online, courted controversy in August after setting up an online fundraising page, complete with a photo of her and her partner, claiming they were homeless and needed money for a campervan. The partner was identified as a double-murderer formally known as Gresham Marsh and Corrections confirmed he had a home and was being "closely managed". The photo and all reference to him was subsequently removed from the web page. The following month, after a hearing Scott failed to attend, the Health Practitioners Disciplinary Tribunal cancelled her nursing registration. The ruling pointed to her spreading of vaccine disinformation and repeated episodes of transphobia as reasons for the decision. Tribunal chairwoman Theo Baker said the misconduct brought discredit to the profession and was "sufficiently serious to warrant a disciplinary sanction". Scott was also ordered to pay costs of more than $45,000. Then in October, she was on the wrong end of a decision by the Tenancy Tribunal. Ms Scott made "wide-ranging claims" including assault, unlawful entry, breaches around storage, withholding of goods and breach of privacy after being evicted from a Macandrew Bay property. But adjudicator Rex Woodhouse said the tribunal did not have jurisdiction to hear her case because she was a "squatter" and it was therefore not a dispute between tenant and landlord. The house had been sold earlier in the year and the tribunal issued a possession order in favour of the new owners. Court reporter
Otago Daily Times
24-06-2025
- General
- Otago Daily Times
Deadline to comply with Healthy Homes rules looms
Hundreds, if not thousands, of Dunedin renters are living in cold, damp and mouldy houses. PHOTO: ODT FILES Time is running out for rental properties to comply with Healthy Homes rules. By July 1, all tenancies need to meet the rules. But what can you do if you're living in one that has not been brought up to standard? What are the Healthy Homes standards, anyway? The rules set basic standards for heating, insulation and ventilation. PHOTO: ODT FILES They have been introduced in stages, but from next Tuesday, every rental property needs to comply. Landlords need to provide one or more fixed heaters that can directly heat a home's main living room. These need to meet the minimum heating capacity. Properties need to be insulated in the ceiling and under the floor, unless the design of the home makes this impossible. Every liveable area needs a window or door that opens to the outdoors and can be fixed open. Kitchens and bathrooms need extractor fans. PHOTO: ODT FILES But what if your home doesn't meet these rules? All rental properties also need efficient drainage, guttering and downpipes and any gaps or holes need to be blocked. If you are reading through that list and thinking the place you're renting is not up to standard, there are a few things you can do. Ministry of Business, Innovation and Employment head of tenancy Kat Watson said tenants could start by talking to their landlords or property managers and checking for a Healthy Homes compliance statement in their tenancy agreements. If that does not solve the problem, they could then give their landlords written notice asking them to fix the issues. Tenants can give landlords a 14-day notice to resolve, requiring action on specific things. PHOTO: ODT FILES What if that doesn't work? If you have no luck with these steps, you can apply to the Tenancy Tribunal for help. "An adjudicator can make decisions such as issuing a work order for the landlord to bring the property up to standard, order compensation to be paid for failing to do so in the first place or award damages to be paid by the landlord for not meeting minimum standards for rental properties," Ms Watson said. "For serious or repeated breaches — especially those affecting vulnerable individuals — you can contact the tenancy compliance and investigations team. "Tenancy Services' website has great resources for first-time tenants, to help them understand what to expect and what to look for when moving into a rental home, particularly for those renting for the first time. Tenants are responsible for keeping a rental property reasonably clean and tidy." By Susan Edmunbds
