A National government means changes to the private rental sector, as the National party pledged in April 2023 to revoke two of Labour’s controversial tenancy law changes; “National has already committed to restoring interest deductibility for rental properties and restoring the bright-line test to two years, down from 10 years under Labour.

*Today National is announcing that we will also reverse Labour’s removal of no-cause terminations, and the provisions which see fixedterm tenancies roll into periodic tenancies in most cases.”~ Chris Bishop, MP National.
*Extract from Article by Chris Bishop, MP National, published 27 April 2023.

Rest assured that your Harcourts property manager possesses the necessary skills and expertise to handle any upcoming or existing tenancy changes. We will ensure that you are well-informed about any legislative updates in a timely manner.

Family Violence Regulations took effect at the end of December 2022, meaning that if a tenant had been subjected to family violence, they can provide their landlord with at least two days’ written notice accompanied by qualifying evidence to withdraw from their tenancy.

We wrote about these regulations in January 2023; however, this provision is being utilised more than anticipated and it is therefore important that landlords understand how the regulations work and what we must do to comply. It is also important that victims of family violence can remove themselves from a harmful environment with as few barriers as possible, particularly as many instances of family violence involve vulnerable children.

What is family violence?
Family violence is violence inflicted on someone with whom a person is, or has been, in a family relationship and includes all or any of the following:
• physical abuse
• sexual abuse
• psychological abuse.
What is a family relationship?

A person is in a family relationship with:
• a spouse or partner
• a family member
• a member of their household
• a close personal relationship.

A close personal relationship can exist without the people living together and does not have to include sexual relations.

Evidence of family violence
A tenant who is withdrawing from a tenancy following family violence must provide qualifying evidence of family violence, which can be:
• a statutory declaration from the withdrawing tenant
• a copy of the first page of a Protection Order
• a copy of a Police Safety Order
• a copy of a charging document
relating to family violence against the withdrawing tenant or,
• a written statement (such as a letter or email) or statutory declaration from a person specified as able to provide evidence of family violence.

These documents must have been issued or completed during the withdrawing tenant’s current tenancy to be used as evidence. Protection Orders issued earlier than this are also permitted if the withdrawing tenant also provides a written statement that they have been a victim of family violence while in their current tenancy.

If a tenant provides evidence of the family violence, a landlord or property manager must not question whether the family violence occurred.

When there are other tenants
If there are remaining tenants, the tenancy continues. The withdrawing tenant must give notice of the withdrawal to the other tenants, no later than two days after their withdrawal from the tenancy. This does not have to be done in person, and no evidence of family violence or other information needs to be shared. A failure to notify any remaining tenants does not invalidate the withdrawal notice.

The amount of rent for which the remaining tenants are liable for is reduced for 14 days following the withdrawal. This is based on the number of tenants at the property. After 14 days, the rent will return to the normal rent payable, as per the tenancy agreement.

Disclosure
Only the tenant’s landlord or property manager will receive the statement or declaration, which they must keep confidential and can only disclose in very limited circumstances. A landlord may not challenge whether the family violence did or did not take place. If the documents are not completed properly or are not completed by a prescribed person, the landlord can challenge the notice by filing an application in the Tenancy Tribunal.

Disclosing a notice of withdrawal or accompanying qualifying evidence of family violence is an Unlawful Act and can attract penalties payable to the other party of up to $3,000. Therefore, property managers are limited to what information they can disclose to another party, including the landlord.

If a tenant is a victim of family violence, they may not choose to withdraw from a tenancy immediately following an event. Family violence is often a pattern of behaviour that causes cumulative harm, so there may not be an isolated event of violence. What is important to understand, however, is that for a tenant to withdraw using these grounds, family violence only needs to have occurred during the ‘current tenancy’. Therefore, the evidence a withdrawing tenant provides may not be from a recent date. In fact, it may take a tenant time before they are able to leave the tenancy safely following family violence, and landlords and property managers must be respectful of this.

We need to be aware of the variety of relationships that family violence covers, which includes non-de facto relationships, so a tenant could be a victim of a partner who does not live with them and they are still able to use this provision to leave the tenancy. It may also occur between flat mates, same sex couples, or any other close personal relationship as defined under family relationships. Family violence in all its forms is unacceptable.

The Harcourts Foundation is excited to announce its continued support for Gumboot Friday in 2023. This year’s event will take place on 3rd November. To kickstart efforts, the Harcourts Foundation has already donated $24,000.

Harcourts New Zealand are thrilled to have won the top prize in six categories at this years’ 2023 Real Estate Institute of New Zealand (REINZ) awards. In the awards which Harcourts won this year, our Property Management team secured two property management awards. Harcourts won the Residential Property Manager of the Year and Large Residential Property Management Office of the Year Awards and Harcourts were also named as finalists in the Residential Property Manager of the Year – Business Development, Small Residential Property Management Office of the Year, Medium Residential Property Management Office of the Year and Large Residential Property Management Office of the Year categories.

Bryan Thomson, Managing Director, Harcourts New Zealand said, “Harcourts is more than just a real estate company. We are a network of people who are committed to helping Kiwis live in healthy homes.

We work together as a team to uphold excellent standards of service, and we are always looking for new ways to innovate and improve. Congratulations to all of our property management winners and finalists.”

The Harcourts Foundation is excited to announce its continued support for Gumboot Friday in 2023. This year’s event will take place on 3rd November. To kickstart efforts, the Harcourts Foundation has already donated $24,000.

The aim of the Harcourts network is to significantly increase this amount with the help of our dedicated team across New Zealand. Together, we can make a difference in mental health awareness and support. Gumboot Friday is a nationwide initiative dedicated to providing much-needed free kids counselling.

Since its inception in 2018, Gumboot Friday has successfully raised in excess of an impressive $6m. This significant effort has allowed them to finance over 42,000 counselling sessions for nearly 20,000 children, at an average session cost of $150.

Looking ahead, Gumboot Friday aims to extend their reach by funding over 40,000 additional free counselling sessions in the next 12 months. By participating in this meaningful cause, together we can make a lasting difference in children’s lives.

To donate please visit:
harcourtsfoundation.org/ GumbootFriday and
follow Harcourts Foundation on Instagram @harcourtsfoundationnz and
Facebook @theharcourtsfoundation
to see the fun being had to raise funds for our Kiwi kids.