In response to the recently released: Briefing paper from MBIE on rental changes
The Government has got it all wrong?

The current legislation is more than adequate to protect premise owners and tenants.

The continued playing with a system that is not broken will continue to put renters on the back foot; at the same time requiring more costs on premise owners.

The Healthy Homes Guarantee Act 2017, and The Residential Tenancy Act 1986/2016 provide all that is required to ensure a healthily, livable residential property.

Like the Methamphetamine debacle, the Government advisers have failed to understand the basic problem. There wasn’t one in the Methamphetamine case. Now there is one, and they are not recognising it!

Current Requirement’s ensure a residential rental home is a lawful premise, which in fact is a healthy home.
It is as simple as having the most basic understanding of the Health and Safety at Work Act 2015 and its direct link to premise owner requirements.

The HSWA 2015 defines that renting out a residential premise is a business or undertaking.
The Act also defines who is responsible for ensuring that the Structure is safe for workers or the public (part 2: 37- 42) (b) does not include the occupier of a residence unless the residence is occupied for the purposes of; or part of ; the conduct of a business or undertaking;

Therefore the premise must be fit for purpose and not cause injuries or health problems for workers and/or the public.

During the recent OIA release “briefing paper – Behaviour in the rental market in response to policy changes 30th April 2018 “
AND
At a recent tenancy tribunal hearing (which is under appeal by the tenants)
the Adjudicator and policy advisers clearly did not understand the implications of the HSWA 2015 and the roles various parties needed to engage with.
This leaves both the Landlord (premise owner) and Tenants at risk.
Note: It should be known that a rental property manager is a contractor to the premise owner and must adhere to the requirements/expectations of the owner related to health and safety.
If the premise owner does not have a health and safety process, both parties are Unlawful.

Before you shout out, “but the property manager does my Health and Safety!!’ remember, you cannot transfer or contract out you obligations under the ACT.

When all the facts are applied, why is the government so intent to drive new policies, at potential massive costs to landlords and tenants when the laws are already in place?

Note: The precedence has been set; the HSWA asbestos 2016 regulations/residential rental premise.
An unlawful premise, particularly if the premise owner hasn’t undertaken “reasonably practicable steps” to manage the risk; will and does cause harm.

The Government message only needs to be:
”Ensure you and you premise is Lawful according to current laws.”

Graham Roper

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