20-Nov-2020
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18-Nov-2020
Debbie Roberts: My top tips for late starters
If retirement is right around the corner for you, you might be thinking that it is too late for you to start investing in property, and you might be wishing that you had started 20 years ago. However, it's not necessarily true that you have missed the boat completely. It will depend on how much time you have left until retirement, what your borrowing capacity is, and what your equit... read more
17-Nov-2020
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... read more
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... read more
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 ... read more
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... read more
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... read more
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 ... read more
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... read more
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... read moreRecent Posts
- Personal properties vs chattels
- Ending a fixed-term tenancy to sell
- Landlord held not liable for co-tenants' pets
- How much to increase rent by in response to RTAA 2020
- What's my HHS compliance date?
- Hard for you but su*ks for me
- Cause and consequence are two different things
- Brightline application for 'private transfer' of inherited properties
- Rent increase after substantial work: not a case of $1-in-$1-out
- Kelvin Davidson: It’s been an unprecedented year – the swings and roundabouts of 2020
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