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APIA Blog

Ryan Smuts: Making sense of the RBNZ Nov 2019 FSR

The RBNZ publishes its Financial Stability Report every May and November outlining the key areas of interest relating to the NZ economy, with a snapshot of where things sit today and things to be aware of moving forward. As property investors, we operate in a market which is strongly influenced by the financial system, due to the need for capital and the benefit of leverage when it co... read more

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18-Nov-2019

The Faafoi announcement: 4 things for landlords to do right now

Yesterday afternoon the government outlined the next phase of its housing agenda which involves overhauling the Residential Tenancies Act once again. While we have come to expect significant changes to the RTA under this government, we consider that which was announced to cause such major disruption to the landlord-tenant dynamic as to further tip the balance of power away from l... read more

Must know

18-Nov-2019

Summary of proposed changes to residential tenancy

On Sunday 17th November the Coalition Government announced a number of proposed amendments to the Residential Tenancies Act in accordance with the Labour Party's election manifesto. APIA Vice President Peter Lewis was present at the announcement and reports on the following substantive elements of the proposal: It is important to note that these proposals will need to be enacted into law... read more

Q&A

14-Nov-2019

The Tribunal's position on meth

This week's question comes from Pat (paraphrased): Considering the inconclusiveness of what is a 'safe' level of meth presence, how would the Tenancy Tribunal decide on cases concerning the landlord's obligation to provide a safe home with respect to meth? You are right in pointing out the two competing opinions on what is considered 'safe' when it comes to traces of meth ... read more

Guest blog

13-Nov-2019

Kristine King: Unlawful Premises – Moving Past Anderson v FM Custodians

Following a review of the law of residential tenancies in New Zealand, the Residential Tenancies Amendment Bill (No 2) gained Royal Assent on 30 July 2019. This bill, now named the Residential Tenancies Amendment Act 2019 (“the Amendment Act”), came into force on the 27th of August 2019. The Amendment Act greatly impacts on the rights and obligations of both landlords and tenant... read more

Stephen Hegh: Methamphetamine – where are we now?

The 2019 Residential Tenancies Amendment Act (RTAA) moved things forward… a bit. Landlords can now access the property to test for meth contamination. But the elephant in the room remains: what is the acceptable maximum level of meth presence at a rental property? Standards New Zealand says it is 1.5µg/100cm2, Sir Peter Gluckman says 15µg/100cm2, The Residential Tenancies ... read more

Landlording

05-Nov-2019

Sandra has a problem

Sandra has a problem. Sandra and her husband Terry live in a small house down a private right-of-way. They have been there for a few years, and like the location. It is handy to Terry’s work, and Sandra can easily catch the bus to her part-time job as a teacher aide. The neighbouring house on the road frontage is a rental, and some months ago new tenants moved in. Altho... read more

Q&A

10-Oct-2019

Will increasing the rent give rise to a mandatory obligation to disclose insurance details

This week's question comes from Peter (paraphrased): In the case of an ongoing periodic tenancy that started before 27th August 2019, does the landlord's obligation to disclose insurance details to tenants become mandatory after a rent increase? To answer this question, we've turned to Kristine King from Duncan King Law. 'Section 13A(F) requires t... read more

Guest blog

07-Oct-2019

Peter Lewis: On tenancy disputes

Tenant advocates frequently claim that private-sector residential tenants are powerless pawns in the hands of greedy and uncaring landlords. They claim that when a tenant makes a request for their landlord to fix something on the property that they are entitled to have fixed, the landlord either ignores them or terminates the tenancy in retaliation. Some tenants have highlighted their... read more

Landlording

27-Sep-2019

How to deal with your tenants break up?

Sometimes, tenants who jointly sign a tenancy agreement may decide to part ways. When that happens, you would expect at least one of the two to move out of the renta. If one tenant chooses to stay on, how do you handle the tenancy? You have two options: In the case of either a fixed term or periodic tenancy: It is on the exiting tenant to obtain a written agreement signed ... read more

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