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30-12-1899

Tenants to be protected from liability under bill

NZ Herald

Tenants would be protected against personal liability for damage they were not responsible for under a MP's bill to be debated by Parliament.

Labour MP Maryan Street said the bill would amend the Residential Tenancies Act 1986. The Residential Tenancies (Damage Insurance) Amendment Bill would require landlords to insure the interests of tenants.

'It will mean that if your flatmate falls asleep with a cigarette in their hand and the flat is damaged by a consequent fire, you will not be liable for damages because you didn't cause the fire,' Ms Street said. 'The person who caused the damage will be liable.'

Most tenancies were joint tenancies at common law, so tenants were jointly liable for damage to properties they were renting. Landlords' insurers could, and did, insist on recovery from tenants regardless of whether they themselves caused the damage, Ms Street said.

Nothing in the bill prevented landlords passing on the cost of additional premiums to tenants as part of the rent.

Ms Street said her Labour colleague David Parker had prepared the bill last year but she was taking it over because Mr Parker was unable to now that he was a Cabinet minister.

Members' bills are drawn from a ballot to be debated every second Wednesday when Parliament is sitting.