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23-Oct-2020

Raewyn Stanaway: Residential property investing - new builds vs existing

There are lots of options available when looking to invest in residential property and one consideration is whether to buy an existing property or a ‘new build’. With the current RTA and Healthy Homes legislation, there is indeed a lot to think about. Existing Homes Unless you are buying an existing house that is already 100% compliant with current legislation, or wish to do any work re...

Q&A

22-Oct-2020

Tenant requesting permission to occupy after termination

This week's question comes from Maggie: I issued a 90-day notice for termination on 5th November. The tenants have asked if they can stay longer as they can’t find a home. I still want to terminate but am flexible with the date of exit. I gave notice in this instance as these are not tenants I want once the RTAA2020 termination rules come into effect. What’s my position if I allow them to ...

Must know

22-Oct-2020

Affidavits and witness testimony necessary to substantiate an anti-social behaviour claim

RE early termination for severe hardship on account of the tenant’s persistent anti-social behaviour Landlords should not presume to be able to rely on letters or unsworn statements to substantiate an anti-social claim. Background in brief The tenancy in question is a single occupant fixed term tenancy at an Auckland CBD apartment. The building is controlled by a body corporate and employ...

Landlording

15-Oct-2020

Don't take legal advice from RE agents

Here is a reminder not to allow the property professional you work stray out of his lane: An APIA member recently bought a property with a tenant in situ. She did not require vacant possession and was quite prepared to keep the existing tenant on the property. Like most reasonable buyers, this member asked for a copy of the tenancy agreement, rent and management records. Nei...

Landlording

13-Oct-2020

Claiming meth testing cost from the tenant

The recent publication of Brooking v Imrie [2020] NZTT Timaru 4216438 gives some insight, albeit sketchy, into what the Tribunal looks for when ordering a tenant to compensate the landlord for meth testing. The facts This is a cross-application case concerning a periodic tenancy from July 2017 to October 2019. The circumstance of the tenant’s exit was somewhat unusual. The ...

Q&A

12-Oct-2020

Can tenant be reimbursed for piped water when the water tank fails?

This week's question comes from Anonymous: My tenant (from 2016 to 2020) has made a Tribunal application against me. She is claiming, among other things, reimbursement of water rates due to the roof and gutters not being cleaned rendering the water tank unusable. Is that a valid claim? Without further information, we assume the following: That the property has both reticulated water...

Q&A

09-Oct-2020

Can HHS ventilation ducting be merged?

This week's question comes from Lara: My rental has a bathroom right next to the kitchen. Can the ducting of the bathroom extractor and kitchen extractor be joined and vented out of the house together for HHS ventilation purposes? Yes, so long as both extractor fans meet the size/capacity requirement (i.e. >150 mm diameter/exhaust capacity > 50 litres per second for anything ins...

Q&A

09-Oct-2020

HHS heating to be installed right now?

Question from Janak: Do I have to provide heat pumps right now before a property manager can rent out my unit? My property manager says heat pumps are needed before they can advertise and rent out the property. Your question goes to how the compliance deadline interacts with the terms of your management authority: All private rentals must comply with the heating standard within 90 day...

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