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Comments
on the Bill
Our
submission focuses on the main provisions of the Bill that address
rights and protections for tenants in boarding houses. We also provide
brief comment on the provision that empowers the Tenancy Tribunal
to penalise landlords that do not fulfil work orders.
The
majority of tenancy enquiries, which bureaux deal with, are from
tenants rather than landlords. Our submission therefore addresses
the Bill as it relates to protecting tenants. We do however recognise
that the Bill does address the obligations of tenants. We are comfortable
with those provisions, and believe that the Bill offers a balance
between rights and obligations of landlords and tenants.
Protections
for boarders
The
Association endorses the Bill’s objective in relation to barding
house tenancies to ensure consistency between general residential
tenancies and boarding house tenancies, and that a corresponding
level of statutory rights and obligations are afforded to landlords
and tenants in both situations. The Association has always held
the position that such provisions be included in legislation [Submissions
made to the 1993 Review of Residential Tenancies Act, and the Residential
Tenancies Amendment Bill 1995].
The
Association considers that boarding house tenants have for too long
been afforded fewer rights than general residential tenancies. Boarding
house tenancies and general residential tenancies are not vastly
different, yet the rights and protections afforded to each are.
Many landlord/tenant enquiries – be they general residential
or boarding – which bureaux deal with are usually around very
similar issues; but bureaux are in the position of informing boarding
house tenants that they essentially have second class or lesser
rights.
While
bureaux are well versed on the provision of the Consumer Guarantees
Act (which can be applied to boarding house tenancies), we feel
that this does not offer adequate or effective protection.
The
cases below represent the type of enquiries made to bureaux. They
illustrate the vulnerability of tenants in boarding houses (note:
details of these cases have been changed to ensure the confidentially
of Citizens Advice Bureau clients).
A
boarder was informed the boarding house was being sold. The new
owner wanted him to sign an agreement stating he would stay there
for a certain minimum period, and that he would direct his sickness
benefit into the landlord’s bank account.
A
landlord routinely asked the boarder for additional payments to
cover power expenses (the boarding room was not separately metered).
The boarder was never shown an itemised account. Ten month’s
after moving out of the house, the landlord claimed the boarder
owed additional money for power.
A
female migrant became a boarder. During the tenancy the landlord
insisted the boarder share a room with new (male) boarder. She
refused, and moved out immediately. Her bond was not returned,
because the landlord had wanted two weeks notice.
The
Association welcomes the provisions in the Bill that address issues
of unequal rights and inadequate protections. Those provisions will
go some way towards protecting people in vulnerable situations.
Specifically we consider that the new rules, which provide similar
protections to general residential tenancies (quiet enjoyment, rights
of entry, notice, etc), will give clarity to boarding house tenancies
and will therefore offer an improved environment for boarders.
We
also welcome giving the Tenancy Tribunal jurisdiction to deal with
disputes between landlords and tenants in boarding houses. This
will allow boarders to seek redress when landlords breach their
obligations.
Penalties
for landlords
The
Association strongly endorses the provision in the Bill that allows
the Tenancy Tribunal to award exemplary damages against those landlords
who fail to comply with building requirements and health and safety
legislation. Bureaux regularly receive enquiries from tenants (general
residency and boarding houses) whose landlords have failed to do
urgent and important repairs on the property.
The
Association will welcome the passage of this Bill.
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