Tuesday 18 May 2021
The 2nd stage of the 3 phased amendments in the Residential Tenancies Amendment Act 2020 came into force on 11 February 2021.
Changes for Landlords to remember
If you are a landlord, you need to remember that the following changes had happened:
There is no question that it will now be a lot more difficult to remove an unwanted tenant. More importantly, you should check out your tenant thoroughly prior to taking them on. One way is to ask the tenant to obtain and provide a credit check report on themselves. If they are unwilling to do so, that may be reasonable grounds for you to reject the tenant.
The Privacy Commissioner has expressed concerns about how landlords are sharing information about undesirable tenants in a way which blacklists them without their knowledge or any ability to have any input. Requesting their own credit check is a valid way of doing due diligence on your prospective tenants.
Don’t forget that during the tenancy, you must respect your tenant’s privacy by giving them the required notice to enter the property. You need 24 hours’ notice to enter for maintenance and repairs and 48 hours for an inspection.
When taking photographs during an inspection, again, you should take care as much as possible not to include tenant’s private possessions in your photos. Your concern should be the condition of the premises instead. The Tenancy Tribunal had found photographing tenant’s possessions to constitute an unwarranted breach of their privacy on occasions.
This article is for general use only. Advice should be sought for specific circumstances. Please consult Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, ph. 477 1069, or email firstname.lastname@example.orgKEYWORDS: Residential Tenancies reform, terminate periodic tenancies, rent increase, name suppression, tenants’ privacy