| Building Issues Minister
Clayton Cosgrove today announced a package of reforms
to ensure landlords and tenants are treated fairly and
equally, and to revamp the outdated law concerning apartments
and other multi-unit properties.
"New Zealand's housing landscape is changing fast,
and the law should keep up with the needs of New Zealanders,
whether they rent or own property," Mr Cosgrove
said.
The reforms aim to ensure a fairer rental market through
changes to the Residential Tenancies Act 1986, and to
establish a broader and more adaptable framework for
multi-unit living through a complete revamp of the Unit
Titles Act 1972.
The latest proposed changes to the Residential Tenancies
Act include:
- limiting the liability of tenants for damage that
they did not cause and could not reasonably have prevented
- extending the coverage of the Act and access to
tenancy dispute resolution services to sectors of
the community not currently protected
‘If you are a good tenant, as the vast majority
are, and someone else in your flat damages the property,
you should not have to carry the full cost of their
behaviour," Mr Cosgrove said. "These reforms
seek to rectify potentially unjust situations."
Mr Cosgrove emphasised, however, that it was crucial
that property owners were able to recover the costs
of damage to their property.
“We have made sure that landlords won’t
lose out. They will be getting more damages from the
people most at fault, rather than from innocent tenants
who have done no damage,” he said. "Landlords
need to know their properties are protected and respected,
in order to have confidence in the rental market."
Mr Cosgrove said extending access to tenancy dispute
resolution services was another step in creating a fairer
rental market for tenants and landlords.
“Everyone who rents - tenants and landlords alike
- should have the same support when sorting out tenancy
problems. Tenancies in retirement villages, boarding
houses and other tenancies with a high service component
such as supported living,
have been brought into the legislation to ensure a fair
go for all. The aim is to deliver fast, fair and inexpensive
dispute resolution.”
Mr Cosgrove said these latest proposals are in addition
to other proposed reforms of the Residential Tenancies
Act that he announced in September this year.
Mr Cosgrove said today's announcement was also good
news for New Zealanders living in multi-unit dwellings.
"It is estimated that within 50 years there will
be half a million people living in apartments, townhouses
and high-rise buildings in Auckland alone - the traditional
three-bedroom family home on a quarter acre section
is increasingly becoming a thing of the past,"
Mr Cosgrove said. "The new Unit Titles Act will
establish a broader and more adaptable means for setting
up and managing multi-unit living."
Mr Cosgrove said the current Act is 34 years old and
out of date with modern needs.
"People in multi-unit developments should be able
to make joint decisions effectively and be confident
and secure in their living or working arrangements.
The proposals seek to create up-to-date legislation
that reflects our changing urban landscape."
Key principles of the proposed new legislation include:
- Clarity around the rights and obligations of unit
owners and bodies corporate
- Encouraging sound property management practices
that will protect long-term value and investments
- Making joint decision making by the body corporate
easier
- Effective ways to sort out problems and move forward
- Making information more readily available to purchasers
and unit owners so they can make informed choices
- Making survey and title processes more streamlined
for surveyors and developers
- Allowing large, staged or complex developments
to be set up and managed more easily
"We need up-to-date laws that reflect the realities
of New Zealand life and ensure a fair deal for everyone,"
said Mr Cosgrove.
Mr Cosgrove said he expects to introduce two separate
Bills that reform both Acts into Parliament next year.
Other reforms by the Government to improve standards
and services across the building and housing sector
include the review of the Building Code, the licensing
of building practitioners while protecting the Do-It-Yourself
(DIY) tradition, auditing and accrediting Building Consent
Authorities, a major shake up of the Weathertight Homes
Resolution Service, the introduction of a financial
assistance pilot for the worst
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