No-cause evictions return, landlords warned against misuse

The Green Party says the rules change was a loss of rights for renters. Photo / 123RF

By Susan Edmunds of RNZ

No-cause evictions are back from today – and landlords are being told not to see it as “carte blanche to end tenancies at will”.

Amendments to the Residential Tenancies Act passed last year and brought a number of changes.

While the changes to bond lodgements, no longer requiring signatures for lodging or topping up a bond, took effect immediately, others are still being rolled out.

From January 30, landlords can end a periodic tenancy without a specific reason if they give 90 days' notice.

They can also end a tenancy with 42 days' notice if they or a family member intend to move back into the property.

Landlords will also not need to give a reason why they do not want a fixed term to automatically become a periodic tenancy.

Other technical changes take effect from March 20, including allowing landlords to ban tenants smoking indoors and allowing an email address to be used as an address for service.

The amendments also included provision for “pet bonds” but these will not take effect until an order in council.

A Ministry of Housing and Urban Development spokesperson said that was expected late this year.

“We need flexibility for the pet-related changes, as they require new pet bond IT functionality to be developed and implemented.”

APIA general manager Sarina Gibbon said the return of 90-day terminations came with “significant strings”.

“While the restoration of the 90-day no-fault termination provision has garnered significant attention, it’s crucial to understand this comes with robust tenant protections.

“The strengthened safeguards against retaliatory terminations and the already low threshold for wrongful termination under section 60AA of the Residential Tenancies Act create a comprehensive framework of checks and balances.”

She said the changes were sensible and pragmatic and designed to create a rental market that worked better for everyone.

However, Green Party housing spokeswoman Tamatha Paul said it was a loss of rights for renters.

“I’m gutted … The odds are completely stacked against them to pursue their right to adequate housing.

“The reality of these laws is someone can be kicked out for the colour of their hair, or the colour of their skin, or the colour of their eyes … all around the world no-cause evictions, no-fault evictions have resulted in nothing but an increase in homelessness.”

She said most submitters were opposed to the changes, including a majority of landlords and property managers.

“They’re not needed. If there is a genuine reason to evict someone from their home it already existed in the law. This is open season on renters and it’s abhorrent.”

- RNZ