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Key Principals All Ethical Landlords Should Practise As Advocated By Allen Realty

Wednesday 26 November 2014, 3:54PM

By Beckie Wright

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The very ethical team at Allen Realty have heard many stories of nightmare tenants, but there are also times when a landlord can overstep the mark, or fail to step up to it. Allen Realty put forward the key principals all ethical landlords should practise. As they say, first and foremost landlords are a service provider, providing a home for their tenant while receiving rents in return. To all intents and purposes it is a business relationship and all dealings should be kept on a professional level within the bounds of the law. The Tenancy Tribunal is the forum for any tenancy disputes and they usually view the landlord as a professional. A landlord owns the property for the purpose of renting it and therefore they are expected to be professional in all dealings with tenants and keep records. Ethical landlords will also ensure that tenants are given good service, are not discriminated against and are treated in accordance with the Residential Tenancies Act 1986 (RTA), Human Rights Act 1993 (HRA) and the Privacy Act 1993 (PA).
The Allen Realty team also insist that landlords must respect a tenant’s privacy, and communication should be a priority. Tenants must be given a minimum of 48 hours’ notice of an inspection and it is recommended this is done Monday to Saturday between the hours of 8am and 7pm. Although inspections are legally allowed on Sundays it is best practise to avoid this as it is considered by most to be a tenant’s private or family time.

Discrimination is also an important factor and usually comes to the fore during the tenant selection process. Tenants, like everyone else have rights under the Human Rights Act 1993. It protects them from discrimination due to their age, sex, sexual orientation, colour, disability, employment status, ethical beliefs, ethnic or national origins and religious beliefs. If a property owner or landlord chooses to decline a tenancy then it is unlawful to do this due to any of these reasons. A breach in the HRA is an automatic breach in the RTA and a landlord could face a claim against them via the Tenancy Tribunal or professional bodies (Real Estate Institute of New Zealand).

The Allen Realty team advise that landlords should maintain accurate market rents at all times. If a landlord wants to terminate a tenancy then they should do this in accordance with section 51 of the RTA or via the Tenancy Tribunal (for breaches). Rent rises should not be issued due to a breakdown in relationship between the parties, or based on a tenant’s salary or what landlords think they can afford. Similarly, a landlord cannot issue a notice to terminate a tenancy based on retaliation for any complaint against the landlord, or by the exercise or proposed exercise of any right, power or authority that is conferred on the tenant by the tenancy agreement, the RTA 1986 or any other enactment.

Regarding repairs, tenants should not have to wait until a landlord has the time or money. Landlords are expected to have the resources needed to complete repairs and make a property compliant. If landlords use a property management specialist they must make sure they follow a set code of conduct and that staff also act in an ethical and professional manner. As a landlord, acting ethically and professionally will help to encourage stable, long term tenancies which help to ensure the rent is paid on time and the property is well looked after.

Allen Realty is an award winning Auckland property management company and a Member of the Real Estate Institute of New Zealand. Visit http://www.allenrealty.co.nz  to find out more about their professional property management service.