Themes and Issues
Would some tenants benefit from advocacy services?
The Department of Building and Housing currently provides support to landlords and tenants through Tenancy Services
In the 2003–2004 financial year, about half of all calls to the Tenancy Services 0800 number came from tenants and half from landlords. However, approximately 90% of applications lodged with the Tenancy Tribunal were lodged by landlords. What is not clear is whether this is because landlords have more reasons to make applications than tenants do, or because tenants are less likely to make an application, even if they have good cause.
The Department of Building and Housing has recently commissioned interviews with Tenancy Services clients and run a submission process on the Residential Tenancies Amendment Bill. Housing New Zealand Corporation has also run consultation meetings as part of the NZ Housing Strategy.
During all of these processes, people indicated that some tenants may need additional help to understand and enforce their rights and responsibilities under the Residential Tenancies Act. They suggested that some particularly vulnerable tenants may be unwilling or unable to deal with issues with their landlord. Illiteracy, language difficulties, cultural differences and mental health issues were mentioned as things that could put tenants at a disadvantage. Other tenants may simply be concerned that they will be evicted if they raise concerns about their tenancy.
Two groups of tenants were mentioned who could benefit from advocacy services:
- vulnerable tenants, such as those with a mental health issue, or young people who may have difficulty accessing their rights and dealing with their responsibilities as tenants – this can lead to a power imbalance between tenant and landlord; and
- people who, for reasons such as language difficulties or cultural differences, are uncomfortable with the tenancy mediation and adjudication process.
It is possible that the provision of advocacy services in these cases could benefit both landlords and tenants, as a result of tenants better understanding their rights and responsibilities and being assisted to engage in constructive conversations with their landlords.
In the Australian state of Victoria , tenants’ advocacy services are funded by State Government. However, the way that Victoria provides tenancy services is very different from the way they are provided in New Zealand . Consumer Affairs Victoria (part of the Victorian Department of Justice) contracts community groups across Victoria to provide advice to public and private tenants and information for landlords. In this way, community organisations in Victoria perform similar functions to Tenancy Services in New Zealand . However, as well as information and advice, some of these community groups are also funded to provide advocacy services for tenants. These advocacy services may include:
- assisting tenants to negotiate through issues with landlords;
- helping tenants to complete applications to the Victorian tribunal which deals with landlord/tenant disputes;
- accompanying tenants to the tribunal.
Questions
- Would the RTA work more effectively if advocacy services were available for tenants? If yes, why? If no, why not?
- If you agree that advocacy services should be provided, do you think they should be provided for all tenants, or for some particular types of tenant? Which types?
- How might advocacy services be provided?
- If advocacy services were to be provided, should they be provided independently of Tenancy Services? Why?