Call for revision of tenancy legislation

Press, 13 October 1982, Page 10

Call for revision of tenancy legislation

PA Wellington Tenancy legislation should be revised, the New Zealand Council of Social Services has said in a policy paper on home renting. Particular attention should be paid to bonds, security of tenure, and forms of tenancy agreement, the council said. In its paper, “Responding to a New Tenancy Situation,” the council said there were clear indications that longterm renting was becoming more significant in New Zealand.

“This is particularly the case for lower-income families. They are in an especially vulnerable position.” The council said pressure and difficulties in the renting area had increased and present legislation was no longer completely adequate. To respond to the new situation a revision of tenancy legislation should be undertaken, the paper said.

The council has recommended that the Minister of Social Welfare ask the Minister of Justice to initiate consultation among relevant bodies, including the Justice Department, the Housing Corporation, local authority housing committees, the Real Estate Institute, tenants’ protection associations, and landlords’ associations.

The paper cited reports by the National Housing Commission which highlight the pressure on rental accommodation. It said tenants were finding themselves “more vulnerable to unreasonable conditions of tenancy” and more conscious of “how limited their rights and security are."

The council said the present bond system was often unsatisfactory for landlords and -tenants for a variety of reasons and suggested that alternative systems, introduced in Australia, should be

considered for New Zealand.

The paper said that in New South Wales, bonds for residential dwellings must be deposited with a four-person rental bond board which acted as custodian. In Victoria, bonds must be paid by landlords into an approved trust account.

The paper also said that many New Zealand tenancy agreements allowed for periods as short as one week for notice.

At the very least, tenants should be guaranteed a month’s notice if not in breach of an agreement. The council said the question of bonds and of security of tenure illustrated the desirability of a standard form for all tenancy agreements.

“A standard form would ensure that the basic legal requirements were known to both landlord and tenant and could include notes on the rights and duties of both.” the council said.