임대차에 있어서 소비자 보호

Protection of tenants as consumers

The Protection of Residential Tenancy Act, enacted in 1981, established a basic framework for the protection of tenants. But it is criticised for not offering adequate protection to tenants. The Act imposes no restriction either on landlords' refusal of new lease or on the rent level. I suggests Rental Housing Act be found as a statute to protect tenants as consumers. A tenancy which falls within the Rental Housing Act will not come to an end by effluxion of time unless it is terminated in one of the ways set out in the Act. Under the 2008 Act there are four ways in which a tenancy can be brought to an end : (a) by the landlord forfeiting the tenancy under s 27(1); (b) by the landlord refusing a new tenancy under s 27 (1) ; (c) by the tenant giving notice to terminate the tenancy under s 27(2); (d) by the tenant refusing a new tenancy under s 27(2). The Rental Housing Rules 2008, r 26(1) provides eight grounds upon which the landlord may refuse a new tenancy. Where a landlord refuses a new lease under grounds 2, 4, 4-2, 5, 6, or 8, the basis of the refusal is that the tenant has breached some obligation in the lease. Grounds 1, 3, and 7 are based on the needs of the housing policy. The Rental Housing Act introduced a regime for regulating rents. The rent is not to be higher than the "standard rent". The standard rent is determined by the minister of land, transport and maritime affairs in accordance with the formula in r 21(2) of the Rental Housing Rules 2008. The restriction on landlords' refusal of new lease and on the rent level should be imported into the Residential Tenancy Protection Act.