14-09-2008

The NZ Property Investors’ Federation welcomes the District Court decision ordering the Tenancy Tribunal to rehear Housing New Zealand’s case against the tenancy at 39 Rangeview Road, Mt Albert, Auckland.

It is essential that landlords have the ability to protect the neighbours of their tenants and can terminate the tenancy of tenants causing serious problems in the community.

“The effect of the original Tribunal decision was to shift the balance between tenant and neighbour rights in favour of tenants” said Federation Vice President Andrew King. “Rental property providers would have had a higher threshold of evidence in proving a tenant’s antisocial behaviour before a tenancy termination can be secured.”

However Housing New Zealand policy may in fact make it harder for the State rental provider to look after the interests of their tenants’ neighbours.

“This situation demonstrates why it is so important for rental property providers to have the ability to issue a 90 day notice to tenants. Unlike Housing New Zealand, we advise our members to consider the community around their rental property and to use the 90 day notice provision to remove tenants who are causing problems for their neighbours”.

Under the Residential Tenancies Act a landlord may terminate a tenancy, without giving a reason, providing 90 days notice is given.

The NZ Property Investors’ Federation has recently rolled out a Code of Ethics to its members. The aim of the code is to reflect and demonstrate the professionalism of Property Investors’ Association members in providing rental accommodation. Section 10 of the code states that “Members shall have regard to the neighbours of their rental properties and will take all reasonable steps available to them to protect neighbours’ peace, comfort and privacy from the members’ tenants.”

“In cases such as the Salts in Mt Albert, we would recommend the use of a 90 day letter to remove them from the property and protect the neighbours’ interests” says King. “This procedure is far simpler than taking the matter before the Tenancy Tribunal. Think of all the time and effort that has gone into this case already. The resources that have gone into sorting out this problem are completely out of proportion and the innocent neighbours are still suffering the consequences”.

While the Federation’s Code of Ethics is primarily to reflect good rental property service provision, it is also to empower members to take action if problems are occurring. This is just one example of how the Federation and Property Investors’ Associations around the country are helping rental property providers manage their properties more effectively while saving time and money.

A copy of the Code is publicly available on the Federation’s website at www.nzpif.org.nz