Modern Australian
The Times

No-cause evictions have the potential to hurt renters – with little gain for good landlords

  • Written by Myra Williamson, Senior Lecturer in Law, Auckland University of Technology
No-cause evictions have the potential to hurt renters – with little gain for good landlords

Housing security for New Zealand’s 1.7 million renters could be threatened if the Residential Tenancies Amendment Bill becomes law.

Among some potentially positive changes in the amendment – such as the introduction of a pet bond – are rule changes that could cause real harm to renters. In particular, the proposed return of “no-cause” evictions is troubling.

Landlords will be able to give a 90-day termination notice to end any periodic tenancy, at any time, without giving a reason. Currently, landlords can evict someone for being more than three weeks late with rent, when the owner wants to live in the house themselves, or wants an employee to live on the property, amongst other grounds.

Landlords must provide the reason for the termination, and any notice can be disputed in the Tenancy Tribunal.

For renters, the proposed amendment could cause real problems. Submissions on the bill are open until July 3, so this is a good time to consider what this law will achieve and who it could potentially hurt.

Who loses with no-cause evictions?

Housing Minister Chris Bishop claimed last year that no-cause evictions were a “…progressive, pro-tenant move” requested by people who worked on the front line with the homeless (though subsequent reporting failed to find evidence supporting the claim).

It is hard to square how no-cause evictions could be pro-tenant. Renters will not know why they are being evicted, and they won’t be able to dispute it. They will just have to pack up and leave.

Additionally, tenants will incur all the costs involved in moving, plus the time needed to view rentals and apply for new properties. If the tenant has children, there may be a change of schools and related uniform costs.

Tenants will bear the full mental, physical and financial toll of being forced to move against their will.

The rule changes also mean renters will be reluctant to complain about problems with the property. A recent survey of tenants by the Ministry of Housing and Urban Development found 15% felt they had a bad relationship with their landlord.

These bad relationships were mainly caused by the dwelling not complying with health and fire regulations, issues with condensation, wet or cold homes, and a failure to repair or maintain the property.

How will these issues be addressed if tenants know complaining could result in their eviction? Tenants in Australia have reported eviction notices sometimes arrive after they’ve made complaints.

No-cause evictions have also become an election issue in the United Kingdom. Both the Conservative Party and Labour Party have pledged to abolish them if elected in July.

An unnecessary change

Reinstating no-cause evictions is problematic for three reasons.

Firstly, it lacks supporting evidence. According to the Ministry of Housing and Urban Development’s regulatory impact statement accompanying the proposed amendment:

our analysis is constrained by limited evidence regarding the specific impacts the 2020 RTA changes had on the rental market and […] HUD does not have, and is not able to readily create, a market analysis model that would enable us to produce quantified estimates of the potential impact of regulatory changes on the operation of the market and intended outcomes.

In other words, there is no evidence bringing back no-cause terminations will help tenants, according to the Ministry of Housing and Urban Development.

Secondly, this is bad law because it will deny tenants one of the oldest legal rights – the right to natural justice. The idea of listening to the other side has been entrenched in British (and subsequently New Zealand) law since the Magna Carta was issued in 1215. That is, everyone has the right to a fair hearing.

To have your right to live in a rented home taken away without knowing the reason or having the chance to explain your side of the story goes against this fundamental legal principle.

Thirdly, no-cause evictions will hurt those who are most vulnerable in New Zealand society – those who cannot buy their own home and Māori. As outlined in the disclosure statement from the Ministry of Housing and Urban Development accompanying the proposed amendment:

Evidence suggests that the termination related proposals will negatively impact on actual and perceived security of tenure for many tenants compared to the status quo. These negative impacts are likely to disproportionately affect Māori, as Māori are more likely to live in rented accommodation, have a lower overall median income, and are more likely to experience discrimination than the general population

Any law that harms the most vulnerable should give lawmakers pause for reconsideration.

Bringing back no-cause evictions would give all the power to landlords and property managers – a profession that is still unregulated, who need no qualifications or training, and who are not accountable to any professional body. Property managers and landlords will hold all the power to determine whether a renter has somewhere to live.

And importantly, all the other grounds for evicting renters (being behind in rent, illegal or antisocial behaviour, for example) are still going to be available to landlords. The no-cause eviction would be in addition to those. So what exactly does the no-cause eviction amendment achieve?

Authors: Myra Williamson, Senior Lecturer in Law, Auckland University of Technology

Read more https://theconversation.com/no-cause-evictions-have-the-potential-to-hurt-renters-with-little-gain-for-good-landlords-232810

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...

Caravan Travel for Modern Australian Getaways: Plan a Comfortable Holiday

A family road trip is one of the best ways to explore Australia together. And, travelling by caravan gives you the freedom to take your time, stop a...

Mini Excavator and Trailer Package for Sale: What I Buy as One Deal in 2026

The first client who asked me for a mini excavator and trailer package for sale wasn’t trying to save a few hundred dollars on shipping. They we...

Make Dad a Guest in His Own Home This Father’s Day

Father’s Day can accidentally turn Dad into the unpaid event manager of his own celebration. He lights the barbecue, finds extra chairs, checks wh...

Where to Enjoy Your Off-Road Caravan on the Gold Coast

With a caravan, you can travel anywhere and everywhere without battling the rush of the peak holiday season or last-minute reservations. While the r...

How Osteopathy Supports Recovery from Sciatica and Nerve Pain

Sciatica isn't just annoying. It's genuinely painful. It sits deep in your glute and shoots straight down the back of your leg. It turns something as...

The Winter Jewellery Edit: Five Pieces You'll Wear All Season

As wardrobes shift to cosy knits, tailored coats and rich seasonal textures, jewellery becomes the finishing touch that pulls every winter outfit to...

7 Signs It's Time to Upgrade Your Piston Air Compressor

If you run a workshop, panel shop, or fabrication business anywhere around Perth, you already know what heat and dust do to equipment over a few sum...

How Long Do Bathroom Renovations Melbourne Take? Step-by-Step Process Explained

Planning a bathroom renovation is exciting, but one of the biggest questions homeowners ask is, "How long will it take?" While every project is uniq...

Why Your Skin Breaks Out: The Science of Acne Explained

Acne is the most common skin condition in the world. An estimated 85% of people experience it at some point between the ages of 12 and 24, and a gro...

10 Swimwear Trends Australian Women Are Wearing This Summer

Every Australian summer brings a fresh wave of swimwear trends, but some styles have much greater staying power than others. While fashion constantly ...

Why Regular Skills Updates Are Essential for Licensed Security Officers

A guard at a Brisbane shopping centre gets a call about a shoplifter who's turned aggressive.  They’ve done the job for six years. But their de-...

10 Benefits of Choosing Professional Tutoring Penrith Services

Every student has unique learning strengths, challenges, and academic goals. While classroom teaching provides essential knowledge and structure, so...

Sunshine Coast Baby Classes Prove Big Hit Among First-Time Mums

There's a movement gaining traction on the Sunshine Coast, providing a village of support, socialisation and relief for first-time mothers and babie...

Father's Day Gift Ideas for Men Who Are Hard to Buy For

Some dads are easy to buy for. Others do not want anything, already have everything, or give you the classic "don't worry about me" answer every yea...

Top 5 Mistakes That Wear Out Your Brakes Faster

Brakes don't need frequent replacements like oil changes do.   But a lot of the wear happens quietly, over months, because of habits most drivers...

Plantation Shutters vs Curtains: Which Is Better for Your New Home?

Moving into a new home is an exciting opportunity to personalise your space and make it your own. While many homeowners focus on furniture, flooring...