spinofflive
For rent sign outside a home
Photo: Getty Images

PoliticsAugust 9, 2018

The big problem with the ‘KFC test’ for tenants

For rent sign outside a home
Photo: Getty Images

The MP who rumbled property managers talking about the so-called ‘KFC test’ for tenants writes about why they need to be stopped.

It is clear that most landlords and property managers are doing it right – they are providing an essential service for New Zealanders and are doing a good job, in a respectful and responsible way. 

But clearly some are not. The fact that we have some who try to justify that they have the right to sift through people’s private and sensitive information shows that something has gone terribly wrong.

What’s becoming more and more common is asking for bank statements from tenants, and these statements are being used to make decisions of affordability.

At first glance for some people this may sound perfectly reasonable. Landlords and property managers can see income going in, and rent payments going out.

However, at a recent select committee hearing an Auckland-based property manager openly admitted this:

“…I see a lot of bank statements because I do ask for bank statements to show affordability…I see a lot of people who are low socio-economic and their bank statements literally will read “KFC, McDonalds, the dairy, KFC, McDonalds, court fine, trucks that they buy, goods that they can’t afford.”

It is evident that this was not an assessment of a tenant’s capacity to pay the rent. This was someone snooping through bank statements to make a moral judgement on where the person spent their money, when they spent their money and on what. In this case it was fast food, but where does it stop? Are judgements going to be made based on political donations? Church tithings? Child support payments?

There is a fine line between making necessary, informed assessments and making unethical, prejudicial judgements. 

With house prices soaring over the last decade, more and more Kiwis are becoming tenants rather than first-home buyers. This has meant that our rental market is becoming impossibly competitive.

It is not unheard of to have fifty people or more bidding for a place to rent, creating a situation where landlords can then have the ability to be more and more selective.

Desperate tenants then feel pressured to hand over almost anything to landlords in order to secure a tenancy – and they do because they think its standard practice. Banks and other financial intermediaries will ask for bank statements – but the difference is that they’re financial advisors in a highly regulated environment.

But what right does any manager or landlord have to judge anybody on how they spend their money? All they need to know is that they can afford the rent and pay it on time. That can be assessed in a myriad of other ways including credit checks, references, proof of income, employment history, IRD income summaries – the list goes on. 

What is concerning is that anyone can own properties and call themselves a property manager. They don’t need training or qualifications and there is no ‘code’ to adhere to. Property managers are not registered and the industry is totally unregulated. This is why some are making uneducated, ill-informed, unethical judgements on peoples spending habits. 

This is well within the law for managers and landlords to ask to see peoples’ bank statements – and of course people can refuse. But where would that then likely put them in the long line of applicants?

It is a perfect storm for this monster of a situation to have evolved: housing unaffordability, a highly competitive and crowded rental market, desperate and vulnerable tenants, unregulated and untrained property managers, and an unethical practice that’s well within the law. 

When the manager was asked if this practice was commonplace she said “it’s becoming more so – I know lots of companies that do it”.

This issue isn’t just isolated to individual landlords or property management companies. It has been revealed that Wellington City Council also requests bank statements from its potential tenants applying for council owned rentals. If that is truly the case then we need to find out just how widespread, normalised, and accepted this practice is.

Not all landlords unnecessarily pry into people’s private information. But some do.

What is certain is that we need to draw a line in the sand. 

Walking rough-shod over someone’s privacy rights is an unacceptable method to shortlist tenants.


The Bulletin is The Spinoff’s acclaimed, free daily curated digest of all the most important stories from around New Zealand delivered directly to your inbox each morning.

Sign up now


Keep going!
Is it really a sustainable career if you don’t feel safe to walk home at night? / Getty Images
Is it really a sustainable career if you don’t feel safe to walk home at night? / Getty Images

PoliticsAugust 9, 2018

The Ardern government and business are playing a high stakes game of chicken

Is it really a sustainable career if you don’t feel safe to walk home at night? / Getty Images
Is it really a sustainable career if you don’t feel safe to walk home at night? / Getty Images

Business is saying move over, you’re on the wrong side of the road. The government is refusing to budge. Who is going to capitulate first in the ultimate confidence game, asks Guyon Espiner in his fortnightly column for RNZ.

This has been rumbling along for a few months but has only just got serious. Until now ministers have been dismissing business confidence surveys as just the big end of town saying they prefer the blue team to the red one. Nothing to see here.

There is some truth to their allegations of political bias in these surveys and the strategy was sustainable up to a point. But when business confidence drops from third highest in the OECD two years ago to second to bottom now, the radar should start bleeping.

When the ANZ survey shows a lack of business confidence comparable to the GFC of 2008, then, Wellington – we have a problem.

Former ANZ economist Cameron Bagrie said the survey shows an economy “dangerously close to stalling”. Again the government can wish that away by saying it’s the view of an economist who has himself expressed doubts about the validity of such surveys.

But Treasury is a little more difficult to ignore. This week its Monthly Economic Indicators report must have sent at least a slight shiver up the collective spine of the Beehive.

By its own description this was a “mixed” scorecard. Labour income grew strongly and employment remained solid. But wallets are closing, with retail spending falling in the June quarter.

Finance Minister Grant Robertson, Prime Minister Jacinda Ardern and an unidentified guest on their way to the budget presentation. Photo by Hagen Hopkins/Getty Images

The most worrying line directly addressed the confidence game that the government wants to ignore. “Weaker confidence, in conjunction with other data, highlight the risk that growth over the coming fiscal year may be weaker than forecast in the Budget,” Treasury said.

This comes as the government attempts a reset with Prime Minister Jacinda Ardern back chairing the Cabinet.

Her deputy, Winston Peters, talking to NZME’s The Countryshow, called the ANZ survey “bulldust”, saying it didn’t reflect the views of New Zealand’s half a million businesses.

“There are 500,000 and the survey you’re talking about is done by 1000,” he said.

“So 499,000 didn’t get asked and you’re giving me the opinion of 1000. Frankly, they should get over themselves.”

By that logic the nation’s political polls, which survey 1000 voters out of more than 2.5 million, would be irrelevant, yet they’ve been highly accurate and are quoted by politicians – when it suits them of course.

So now the boss is back what is she going to do? Well, right now the prime minister seems to be trying to have it all ways. She said the surveys are perception and not reality but that she is listening to the perception. She said the government is making changes to address business concerns but also that she is going to “push back” and declare the economy is performing well. The upshot is the government hasn’t offered up any concrete changes to its agenda. Or at least the Labour part of the government hasn’t.

New Zealand First Cabinet minister Shane Jones suggested on TVNZ’s Q + A programme that upcoming changes to industrial relations law were a factor in business anxiety. He went on to hint that New Zealand First may challenge aspects of Labour’s policy.

There have naturally been comparisons made between the current situation and the Winter of Discontent in 2000, during the first year of Helen Clark’s Labour-led government. But there hasn’t been much comment about what she actually did in response to it.

Ms Clark took business concerns very seriously and changed several major policy settings. She was brutal, saying that some worker friendly policies, dear to her Alliance coalition partner, would happen “over my dead body”.

Ms Clark then went on a “smoked salmon offensive” to win back business confidence. And it worked. Business never loved her but they trusted and respected her.

Ms Clark didn’t abandon her centre left agenda, indeed the changes she made probably helped her embed it because she knew that without at least some backing from business she wouldn’t get a second term.

Ms Ardern said she wanted to deal with reality rather than perception. And, yes, the perceptions of business leaders may be wrong. But if they don’t invest and don’t employ people based on those perceptions then you have a real problem and not a perceived one.

Guyon Espiner is co-host of Morning Report on RNZ. He covered politics from the Press Gallery between 1998 and 2011 and produced the 9th Floor book and podcast series with RNZ’s Tim Watkin.

Politics