RTA Amendments Act only days away

Here is a picture of a well-thumbed booklet on the new RTA changes. There are so many I did a course on it ( and got the certificate LOL)

I was mostly happy with the Healthy Homes Act but some changes in here are worrying.

Section 42b Minor Changes - Amendment

  1. The Landlord cannot unreasonably withhold consent for a fixture, renovation, alteration or addition

  2. The Landlord can impose reasonable conditions

  3. If the tenant requests consent in writing, the Landlord must reply in 21 Days

  4. IN the reply the landlord must indicate whether it is minor in nature or not

  5. If it is not minor and they need more time to consider the request they can extend the time for responding

  6. Ultimately the landlord must reply in a reasonable timeframe

  7. If the landlord fails to reply in a reasonable time frame it is an unlawful act

If a landlord breaches numbers 3,4 or 6 then penalties may apply

exemplary damages up to $1500

Our thoughts

This had been changes so that tenants can treat rentals as their homes. The most likely times of trouble will be when a tenant does not attempt to return the property to its original state or attempt to return it to the original state and fail to match the original standard.

Tenants will be able to install nearly everything. Television Brackets, Shelves, Curtains, Blinds, bike racks, baby gates, and herb gardens.

Section 42B Minor Changes - New Section

It is unreasonable for the landlord to withhold consent to minor changes. If they do then it is an unlawful act. A minor change is any fixture, renovation, alteration, or addition to the rental property that :

is low risk and won't cause material damage

is easily returned to the same condition

does not pose a health & safety risk

does not compromise the structural integrity, weather tightness or character of the premises

would not negatively affect the neighbours

does not require resource or building consent

does not breach any obligation or restriction relevant to the premises, for example, a body corporate rule

Exemplary damages - up to $1500

The tenant must return the property back to its original state at the end of the tenancy. If the tenant refuses to do this, this is considered an unlawful act

Our thoughts are that many tenants will not have the ability to return the property back to its original state. The original state might include gib stopping walls, painting, & other similar remedial work

AGREEMENTS & record keeping is critical/ if the minor change adds value both parties can agree for it to be left. Tenants need to be educated on what reinstatement might be required BEFORE they start making changes

Absolutely need to educate tenants and have proven paper trails

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