• Patrick Rankin

12 New Compliance Categories That Most Landlords Do Not Know About

2020 has been a steep learning curve for both landlords and property managers with the Healthy Homes Bill, and the Residental Tenancies Amendments Act 2020. I feel there is a lot of focus on the Heathy Homes Bill, which has taken our attention away from the Residental Tenancies Amendments Act 2020. So in this blog I will focus on the categories of compliance that are now enacted against landlords of residential property.

I thoroughly enjoyed learning about this subject at a recent training event I attended with the Tenancy Practice Service for Professional Property Managers, held by Scotney Williams. He shared the list below of the categories of compliance that are now enacted against landlords of residential tenancies.

For your reference, and further reading I have included a link to the corresponding section on the Residential Tenancies Amendments Act 2020.

  1. Section 60 AA: Any landlord acting to terminate a tenancy with out proper grounds could suffer a penalty of up to $6500.

  2. Section 95 A: Any tenants involved in Tribunal cases can now ask for their names and identifying details to be suppressed.

  3. Section 108: Enforcement of work orders up to $100,000 by February 2021.

  4. Section 109: Claims for the commission of unlawful acts. Range $350 to $7200.

  5. Section 109A: Restraining orders. The tenancy tribunal can make orders restraining a landlords conduct.

  6. Section 109B: Pecuniary penalties awarded against large landlords up to $50,000.

  7. Section 123A: You now must retain all documents relating to the building such as building, plumbing, electrical, heathy homes etc.

  8. Section 124A (1): Chief executive can sue you on behalf of your tenant even though 1. The tenant doesn’t consent, 2. The tenant wilfully refuses, or 3. The tenancy is terminated.

  9. Section 126A: Infringement fees and infringement offences: 23 new ones ranging in value from $500 to $3000.

  10. Section 126H: Improvement notices on any topic.

  11. Section 126N: Chief executive may enter “Enforceable Undertakings” on any topic requiring remedy.

  12. MBIE random audits on everything. But particularly tenancy agreements sent in with applications to the tenancy tribunal.

That’s a long list of changes, and it will take some time for the industry to learn and make changes necessary in order to meet new compliance and regulations. I look forward to blogging more about these changes and what they mean to you as a landlord.

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