National proposes reinstating no-cause rental terminations

April 27, 2023
National MP Chris Bishop.

The National Party would bring back no-cause rental terminations and scrap rules which allow fixed-term tenancies to roll onto periodic tenancies, should it be elected to government at the election.

National Party housing spokesperson Chris Bishop said the two law changes had decreased supply and pushed up rents.

The changes would be alongside the party's commitment to restore interest deductibility - which allows landlords to deduct interest as a tax expense - and restoring the bright-line test to two years.

The brightline test was increased to 10 years in 2021. It means if a residential property is sold within a certain period of time, there may be income tax on any capital gains.

Bishop said Labour had "waged a war on landlords" since 2017 and the "collateral damage" was borne by tenants.

“Labour’s removal in 2021 of no-cause terminations and the near-automatic rollover of fixed term tenancies into periodic tenancies may have been well intentioned, but they have backfired badly, discouraging landlords from offering their properties up for rent."

Under Labour's changes, periodic tenancies could no longer be terminated without a reason - and that reason must meet criteria in the law, such as the landlord intends to sell the property or is doing a major renovation or redevelopment, changing the property to a commercial premises, or if the landlord or a member of their family is moving into the property.

Bishop said some landlords had decided the risks were too great and exited the rental market, which he said decreased supply and put upward pressure on rents.

“Queenstown provides a perfect case study of how these law changes have backfired. Around a quarter of Queenstown properties are estimated to be empty, while hundreds of people are living in cars, in tents or on couches.

"Many landlords who would once have offered a short-term fixed term tenancy for some months of the year have decided it is just too difficult, and instead turned to AirBnB.

“Labour’s removal of no-cause termination has hit vulnerable people particularly hard. Many landlords are now reluctant to ‘take a chance’ on tenants with poor rental histories, due to the difficulty of ending the tenancy if it doesn’t work out.

“Mum and Dad landlords aren’t the enemy in the housing market."

Bishop said New Zealand needed good quality rental accommodation and National's changes would make it "easier to be a landlord".

He said that would increase supply of rental properties and ease the housing crisis.

Bishop said the National Party would make further housing announcements in the coming months.

The Labour Party website said the removal of no-cause terminations "removed landlords’ ability to kick out their tenants without giving them a reason" and would allow renting families "more security, and allow them to put down roots in their community".

Labour and the Greens have been approached for comment.

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