12-Jan-2021
APIA Blog
RSS Feed11-Jan-2021
Landlord held not liable for co-tenants' pets
Re: Whether a landlord is liable for breaching the quiet enjoyment of one tenant for failing to enforce the terms of the tenancy agreement against a co-tenant Zama v Feng [2020] NZTT Wellington 4276448 This is a strange one. Bear with us. Alessandro Zama took his landlord to the Tribunal alleging a number of breaches. On the face of it, many if not most certainly look vexatious to us (in... read more04-Jan-2021
How much to increase rent by in response to RTAA 2020
This week's question comes from Joss: What rent premiums are landlords typically applying to addressed increased risks associated with the Residential Tenancies Amendment Act 2020? Without a doubt, certain provisions of the Residential Tenancies Amendment Act 2020 (RTAA 2020) shift the balance of risk and reward against landlords. Anecdotally many of our members have indicated that th... read more21-Dec-2020
What's my HHS compliance date?
This week's question comes from Cliff: My property is not yet fully HHS compliant, how should I fill in the compliance date on the HHS Compliance Statement? Actually, we expect this to be a common situation many landlords find themselves in. There are several deadlines for the Healthy Homes Standards (HHS) between now and July 2024. While the HHS Compliance Statement is now compu... read more16-Dec-2020
Hard for you but su*ks for me
An example of how the Tenancy Tribunal weighs up a landlord’s and a tenant’s respective hardship in determining the merits of an application for early termination (of a fixed-term tenancy) RE: Ayaz v Rentex Ltd [2020] NZTT North Shore 4278514 Facts The tenant and his family moved to New Zealand in May 2020 and took out a one-year fixed-term tenancy from 20th June 2020 to 18th ... read more14-Dec-2020
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 ... read more14-Dec-2020
Brightline application for 'private transfer' of inherited properties
This week's question comes from Irene B and the answer is kindly provided by Amanda Watt of Shortland Chartered Accountants. The answer is intended to be for general information only and not tax advice. We inherited a residential property which was also in a Company ( we inherited the company). After a time we sold this property from the company to a trust. The only two directors of... read more09-Dec-2020
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... read more08-Dec-2020
Kelvin Davidson: It’s been an unprecedented year – the swings and roundabouts of 2020
Thinking back to the start of 2020, nobody could have anticipated what was about to playout for the economy or the property market. But after a lot of uncertainty and conjecture about what the future might hold, we’re almost at the end of the year and it’s remarkable to see that house sales and prices are on a strong upswing. Indeed, the number of... read more20-Nov-2020
Ryan Smuts: Can you still get a mortgage after filing for bankruptcy?
When it comes to mortgage lending, in many circumstances it comes down to deposits/equity and your ability to meet loan affordability criteria, which can be different depending on which lender you approach. However, another key area of mortgage lending is your character, which covers your overall position as a borrower – including for example, credit history and ... read moreRecent Posts
- Don’t hold on to application forms longer than you have to
- Privacy and renting - a brain dump for landlords
- Monique Oosterbaan: What I get out of my APIA membership
- Therese Bisquera: What I get out of my APIA Membership
- What is a tenancy?
- An open letter to APIA members
- Maximum occupancy - don’t sit on your rights
- Landlords would do well not to underestimate the RTA
- Bond - it is the tenant’s money
- Personal properties vs chattels
Tags
ocr recycling equity partners meth contamination Q&A yield Investor story Property (Relationships) Act commerce commission positive cash flow education equity buyer's agent finance trademe bankruptcy mindset debt enforcement anz investment strategy Holler letting fee letting rta reform subdivision damage tenancy tribunal re agent rta Guest blog tenancy issues HHS tenant airbnb ring-fencing water bill winz unitary plan rent arrears will rent increase quiet enjoyment legal initio inspection structure property property value beginner investor wins advice Market report smoke alarm property maintenance buying rules tax worksafe shortland chartered accountants auckland council Sponsored post sale and purchase business RBNZ rental wof election2020 negotiation RTAA 2019 landlord investor management HSWA heater return mortgage housing affordability fixed-term tenancy p lab insurance Standards New Zealand property management trespass election 2017 HHGA trust holiday house opes partners clnz Must knows bad tenant productivity cgt LIM anti-social behaviour off the plan boarding house tenancy services termination CoreLogic privacy meth Landlording covid-19 Level 4 sublease property cycle rent banking auckland short-term rental property apprentice renovation Must know Gluckman maintenance bond ird Tribunal case study housing bubble nzpif barfoot and thompson Jeff Bezos heating principal and interest reserve bank rental market interest rates rtaa2020 parry v inglis How to interest only television lvr robert kiyosaki early termination ask an expert kiwibuild ventilation market relationship gluckman report minor dwelling shower dome development capital gain cash-flow retaliatory notice cat warm up new zealand Editor's Choice skill shortage Investment tip watercare apia Question and answer CCC buying DTI building data security Kris Pedersen Mortgages and Insurance government market rent personal growth warren buffett extractor fan twg report khh brightline speculator TCIT house prices first home buying asbestos financial advisers act insulation income bond form Case study scotney williams sale and purchas wealth creation
- advice (12)
- airbnb (4)
- anti-social behaviour (1)
- anz (4)
- apia (2)
- asbestos (2)
- ask an expert (11)
- auckland (9)
- auckland council (6)
- bad tenant (2)
- banking (3)
- bankruptcy (1)
- barfoot and thompson (1)
- beginner investor (6)
- boarding house (1)
- bond (2)
- bond form (1)
- brightline (1)
- building (9)
- business (1)
- buyer's agent (1)
- buying (1)
- buying rules (1)
- capital gain (3)
- Case study (3)
- cash-flow (3)
- cat (1)
- CCC (2)
- cgt (2)
- clnz (6)
- commerce commission (1)
- CoreLogic (3)
- covid-19 (14)
- damage (3)
- data security (1)
- debt enforcement (2)
- development (5)
- DTI (2)
- early termination (1)
- Editor's Choice (29)
- education (2)
- election 2017 (1)
- election2020 (1)
- equity (1)
- extractor fan (1)
- finance (28)
- financial advisers act (1)
- first home buying (8)
- fixed-term tenancy (3)
- Gluckman (1)
- gluckman report (1)
- government (10)
- Guest blog (36)
- heater (3)
- heating (9)
- HHGA (6)
- HHS (18)
- holiday house (1)
- Holler (10)
- house prices (8)
- housing affordability (11)
- housing bubble (7)
- How to (37)
- HSWA (5)
- income (2)
- initio (2)
- inspection (2)
- insulation (12)
- insurance (9)
- interest only (1)
- interest rates (9)
- investment strategy (24)
- Investment tip (22)
- investor (45)
- Investor story (7)
- ird (1)
- Jeff Bezos (1)
- khh (2)
- kiwibuild (1)
- Kris Pedersen Mortgages and Insurance (10)
- landlord (88)
- Landlording (60)
- legal (5)
- letting (1)
- letting fee (2)
- Level 4 (2)
- LIM (2)
- lvr (7)
- maintenance (2)
- management (15)
- market (5)
- market rent (3)
- Market report (2)
- meth (5)
- meth contamination (7)
- mindset (1)
- minor dwelling (3)
- mortgage (6)
- Must know (43)
- Must knows (33)
- negotiation (2)
- nzpif (6)
- ocr (5)
- off the plan (1)
- opes partners (1)
- p lab (8)
- parry v inglis (2)
- partners (1)
- personal growth (4)
- positive cash flow (1)
- principal and interest (1)
- privacy (5)
- productivity (1)
- property (20)
- Property (Relationships) Act (1)
- property apprentice (1)
- property cycle (2)
- property maintenance (7)
- property management (22)
- property value (13)
- Q&A (73)
- Question and answer (70)
- quiet enjoyment (1)
- RBNZ (1)
- re agent (1)
- recycling equity (1)
- relationship (2)
- renovation (7)
- rent (8)
- rent arrears (6)
- rent increase (1)
- rental market (4)
- rental wof (1)
- reserve bank (11)
- retaliatory notice (1)
- return (3)
- ring-fencing (7)
- robert kiyosaki (1)
- rta (49)
- rta reform (2)
- RTAA 2019 (6)
- rtaa2020 (4)
- sale and purchas (1)
- sale and purchase (2)
- scotney williams (7)
- shortland chartered accountants (1)
- short-term rental (1)
- shower dome (1)
- skill shortage (1)
- smoke alarm (1)
- speculator (3)
- Sponsored post (14)
- Standards New Zealand (2)
- structure (1)
- subdivision (2)
- sublease (1)
- tax (12)
- TCIT (2)
- television (1)
- tenancy issues (82)
- tenancy services (7)
- tenancy tribunal (36)
- tenant (56)
- termination (8)
- trademe (1)
- trespass (1)
- Tribunal case study (8)
- trust (2)
- twg report (1)
- unitary plan (1)
- ventilation (2)
- warm up new zealand (1)
- warren buffett (3)
- water bill (6)
- watercare (7)
- wealth creation (2)
- will (1)
- wins (1)
- winz (1)
- worksafe (1)
- yield (1)