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Moving between different Alert Levels

In anticipation of the rest of the country moving to Alert Level 3 this Wednesday while Auckland and Northland remain under Alert Level 4, we've produced this easy referencing guide to help tenants and landlords work out the rules of moving across regions that are at different Alert Levels: To region at Alert Level 1 To region at Ale...
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{{name}} - APIA Auckland Property Investors

Landlord FAQs for Level 4

Level 4 has caught many of us by surprise. Here are answers to some common day-to-day questions arising out of the latest snap lockdown. Note that these answers are current as of the 19th of August 2021. Should the lockdown be extended and emergency tenancy laws come into effect, our answers to some of these questions may change. Q. My tenant has asked for a rent reduction for the ...
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{{name}} - APIA Auckland Property Investors

Rent (un)affordability: It is not how much landlords spend, it is how much tenants make

Given the drastic nature of the government’s Housing Package, it is hardly a surprise to see rental (un)affordability being thrust into the forefront of our national psyche. In the immediate aftermath of the 23rd March announcement, social media was ablaze with talks of a wholesale rent spike. Uncertainty and fear dominated the moment. And trigger-happy-finger-tapping housing market stakeho...
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{{name}} - APIA Auckland Property Investors

Don’t hold on to application forms longer than you have to

When a property is put on the rental market, the landlord will likely, given the current shortage, receive an abundant number of applications. These applications contain personal information the collection, storage and disposal of which are subject to both s123A of the Residential Tenancies Act (RTA) and the Privacy Act (PA). The relevant provision of s123A has recently been amende...
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{{name}} - APIA Auckland Property Investors

Privacy and renting - a brain dump for landlords

Many of our members are aware that we have been interacting with the Office of the Privacy Commissioner (“OPC”) to assist with its current examination into personal information collection practices in the rental sector. Our intention is to put forward our members’ perspective and to provide the OPC with constructive input as to why and how landlords collect certain information. We exp...
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{{name}} - APIA Auckland Property Investors

Landlords would do well not to underestimate the RTA

Mainstream commentary on the Residential Tenancies Amendment Act 2020 (RTAA 2020) is grossly preoccupied with the removal of the 90-day no-fault termination notice. At times, it even exaggerates the (detrimental) consequences landlords will be made to suffer post 11 February seeing as the proverbial rug is about to be pulled out from under us. We disagree and offer this reframe - That...
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{{name}} - APIA Auckland Property Investors

Bond - it is the tenant’s money

We generally understand and talk about bonds as security deposits; on the one hand, they give a landlord the peace of mind to rent to a stranger and on the other hand cushion a tenant against onerous financial burden should a claim be made against him at the end of the tenancy. What we tend to be less mindful of is that ultimately, the bond is the tenant’s money and the law recog...
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{{name}} - APIA Auckland Property Investors

Cause and consequence are two different things

Landlords seeking compensation for damages caused by tenants should take care to prove the cause, not just the consequences, of the damage as VNG RENTALS LIMITED vs Xu [2020] NZTT Auckland 4269426 demonstrates. Facts On or about 2 May 2020, the bathroom of the apartment flooded. Water leaked into the adjoining apartment resulting in an approx $4.5K damage. In an email to the ...
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{{name}} - APIA Auckland Property Investors

Rent increase after substantial work: not a case of $1-in-$1-out

From time to time, investors almost flippantly assume that any expenses incurred improving the property can be directly recouped from the tenant by way of rent increase on a $1-in-$1-out basis. Monarch Realty Ltd v Alchin-Boller [2020] NZTT Hamilton 4277248 is a reminder that this is not the case. At least not quite. Facts The landlord sought the tenant’s consent to increase th...
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{{name}} - APIA Auckland Property Investors

Termination invalidated by a mere diary entry

Re: Atkinson v Monarch Realty Ltd [2020] NZTT Hamilton 4279083 Facts 5th July 2020 - Leak discovered at the property due to lack of maintenance 11th August to 9th September 2020 - Remedial work carried out 1st September 2020 - Citing a lack of confidence that the tenant would property ventilate (and therefore look after) the property, the property manager recommend...
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