Mt Albert HNZ tenants - law changes required

Media Statement for immediate release

03 July 2007

Mt Albert HNZ tenants demonstrate law changes required

The case of the Housing New Zealand tenants in Mt Albert overturning there eviction for serious breaches of their tenancy agreement is a clear indication that Tenancy Law in New Zealand is unmistakably imbalanced.

Just what extent of outrageous behaviour does a tenant have to perform that in the eyes of the law would justify removing them from the privilege of living in a state subsidised home?

While most New Zealanders will quite rightly be outraged at the decision, the Tribunal is unlikely to have had any other option than to dismiss Housing New Zealand’s request for eviction. This is because Tenants simply have to stop doing whatever the landlord wants to evict them for between the application to the Tribunal being made and the hearing.

It is very pleasing that Prime Minister Helen Clarke is “very concerned by the decision” as all MP’s should be.

This case graphically demonstrates that landlords in New Zealand, even the Governments landlord, are virtually powerless under the rules of the Residential Tenancies Act (RTA).

In such a case as this, we would advise a landlord to issue a 90 day notice to the tenant, which gives them three months to find other accommodation. Currently Landlords do not have to provide a reason for the notice and this is often our only method to remove tenants in a situation such as the Mt Albert case.

Some Tenant groups have advocated that landlords should not be able to give a 90 day notice, however this case clearly shows that it is the only tool we have available to us in situations such as this.

Housing New Zealand has a policy not to issue 90 day notices, which has led to this situation and all the costs involved. The cost for housing New Zealand resources, the cost for taxpayers, the cost for one family on the HNZ waiting list and the cost for the Mt Albert neighbours, but mostly the cost of justice denied.

The RTA is in the process of being reviewed by Government and we are looking forward to hearing the results of that review and a rebalancing of rights towards the landlord.

ENDS

© Scoop Media