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{{name}} - APIA Auckland Property Investors

Is the RTAA insurance disclosure a step too far?

This week's question comes from Sue: I have just been advised that with the changes to the Residential Tenancy Act my property manager needs to file my insurance policy pertaining to our rental and the amount of excess and supply both to our tenant on request. Do you have an opinion on supplying such information to a tenant? I understand it has become law, but it seems like a gr...
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{{name}} - APIA Auckland Property Investors

RTAA 2019 - a partial reversal of Holler

The Residential Tenancies Amendment Bill (No 2) received its Royal Assent on 30th July 2019 bringing about significant changes for landlords to pay attention to. One such change concerns careless damages caused by tenants at rental properties. Note that this commentary relates only to careless damages caused by tenants at rental properties. 1. Background Prior to 2...
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{{name}} - APIA Auckland Property Investors

Osaki protection not afforded to Airbnb tenants

Concerning Tobin, Jackie vs CHEN, JIANQING [2019] NZTT Auckland 4172141 The issue Whether tenants are afforded the Osaki protection for damages caused by Airbnb sub-tenants? The facts - Mr Chen rented two apartments from Ms Tobin for a period of time until 21 October 2018. - Mr Chen had never occupied either property and instead, on-leased both as Airbnb rentals with the knowledge and ...
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{{name}} - APIA Auckland Property Investors

Are pets rental deal breakers?

A recent Stuff.co.nz article quoting Andrew King on behalf of the New Zealand Property Investors’ Federation (“the NZPIF”) prompted an email from G that is of interest and should spark discussions amongst landlords. Note that personal details are redacted to protect parties’ privacy: Attn of: Andrew King cc xxxxx ...
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{{name}} - APIA Auckland Property Investors

What you need to know about the proposed amendments to the Residential Tenancies Act

This week the Government introduced the Residential Tenancies Amendment Bill (2) to Parliament. There are three main parts to this Bill that are worth noting by landlords: Tenants liability for damage Since Holler v Osaki, tenants are no longer liable for damages they unintentionally cause to a rental property. This Bill addresses the inherent inequitable outcome Holler has c...
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{{name}} - APIA Auckland Property Investors

Pi$$ing dogs and a pot of oil: Where we are at with Holler v Osaki

In 2009, Mrs. Osaki left the pot of boiling oil on the stove, left the kitchen, and soon forgot about it. Her absent-mindedness not only led to significant fire destruction of the (rented) property but also set off a chain of judicial events that culminated in the controversial Court of Appeal judgment Holler & Rouse v Osaki & Anor [2016] NZCA 130 [15 April 2016] -...
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{{name}} - APIA Auckland Property Investors

Government signalling partial reversal of Holler v Osaki

For some months, the New Zealand Property Investors' Federation (the NZPIF), the Tenancy Tribunal and other key tenancy organisations have been in dialogue with the government as well as major party leaders to give feedback on how Holler v Osaki affects the landscape of residential tenancies in New Zealand. Legitimate concerns have been raised by these groups that Holler has t...
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{{name}} - APIA Auckland Property Investors

Holler Practice Note from an insurance perspective

Less than one month in, the Holler Practice Note is already causing ripples in the property industry. Anecdotally we are aware of several Tribunal adjudications absolving tenants of any responsibilities as to damages to the property. Since Holler goes into the heart of the insurer's right of subrogation, many landlords will be asking What does that mean to my insurance coverag...
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{{name}} - APIA Auckland Property Investors

Holler Practice Note changes the rules of damage claims to the Tribunal

Following the recent Court of Appeal decision on Holler & Rouse v Osaki, the Tenancy Tribunal prepared Practice Note 2016/1 outlining, to its adjudicators, how applications relating to tenant liability for damages are to be treated from 1st August 2016. As an aside: For those who are unfamiliar with Holler, the case hinged on whether a residential tenant would be protected ...
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{{name}} - APIA Auckland Property Investors

Kristine King: Holler v Osaki and how it affects landlords

It is late one evening and you receive a call from the Fire Service. They advise that one of your rental properties has been seriously damaged by a fire caused by a tenant leaving something cooking on the stove. Your first concern is for the health and safety of your tenants and the caller assures you that the family is unharmed. Your second thought is the level of damage to the property. Y...
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