Login

Not a member?

APIA Blog

{{name}} - APIA Auckland Property Investors

30-Apr-2021

Rent (un)affordability: It is not how much landlords spend, it is how much tenants make

Given the drastic nature of the government’s Housing Package, it is hardly a surprise to see rental (un)affordability being thrust into the forefront of our national psyche. In the immediate aftermath of the 23rd March announcement, social media was ablaze with talks of a wholesale rent spike. Uncertainty and fear dominated the moment. And trigger-happy-finger-tapping housing market stakeho...

Landlording

15-Apr-2021

Don’t hold on to application forms longer than you have to

When a property is put on the rental market, the landlord will likely, given the current shortage, receive an abundant number of applications. These applications contain personal information the collection, storage and disposal of which are subject to both s123A of the Residential Tenancies Act (RTA) and the Privacy Act (PA). The relevant provision of s123A has recently been amende...

Landlording

08-Apr-2021

Privacy and renting - a brain dump for landlords

Many of our members are aware that we have been interacting with the Office of the Privacy Commissioner (“OPC”) to assist with its current examination into personal information collection practices in the rental sector. Our intention is to put forward our members’ perspective and to provide the OPC with constructive input as to why and how landlords collect certain information. We exp...

Landlording

03-Feb-2021

Landlords would do well not to underestimate the RTA

Mainstream commentary on the Residential Tenancies Amendment Act 2020 (RTAA 2020) is grossly preoccupied with the removal of the 90-day no-fault termination notice. At times, it even exaggerates the (detrimental) consequences landlords will be made to suffer post 11 February seeing as the proverbial rug is about to be pulled out from under us. We disagree and offer this reframe - That...

Landlording

26-Jan-2021

Bond - it is the tenant’s money

We generally understand and talk about bonds as security deposits; on the one hand, they give a landlord the peace of mind to rent to a stranger and on the other hand cushion a tenant against onerous financial burden should a claim be made against him at the end of the tenancy. What we tend to be less mindful of is that ultimately, the bond is the tenant’s money and the law recog...

Tribunal case study

14-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 ...

Landlording

09-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...

Landlording

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...

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 ...

Tags

legal Gluckman RBNZ advice Jeff Bezos rent CCC Question and answer will covid-19 water bill HHS HHGA TCIT personal growth lvr rta rent control Zodiak Management heating Investment tip reserve bank extractor fan television off the plan privacy rental wof inspection smoke alarm sublease Must know buying rules first home buying government capital gain Kris Pedersen Mortgages and Insurance wins finance wealth creation trespass How to Market report property cycle property maintenance CoreLogic market rent khh anti-social behaviour Investor story data security shortland chartered accountants kiwibuild cgt airbnb mindset buying Tribunal case study fixed-term tenancy renovation scotney williams beginner investor unitary plan equity winz ird property value mortgage investment strategy inflation re agent watercare debt to income housing affordability maintenance anz trademe structure boarding house quiet enjoyment yield Standards New Zealand rental market market rtaa2020 partners LIM interest rates management gluckman report ask an expert brightline bankruptcy meth letting fee short term rental interest deductibility property management recycling equity early termination property meth contamination tax tenancy tribunal Property (Relationships) Act landlord return insurance financial advisers act income positive cash flow insulation apia asbestos education tenancy issues Q&A bad tenant election 2017 Case study debt enforcement property apprentice rent arrears travel bubble ventilation Level 4 termination tenant shower dome RTAA 2019 tenancy services investor damage Holler Guest blog bond form heater daikin negotiation warren buffett trust cash-flow ocr Must knows short-term rental productivity interest limitation Editor's Choice skill shortage parry v inglis rta reform relationship retaliatory notice DTI auckland council banking sale and purchas bond legal cost warm up new zealand housing bubble initio principal and interest Sponsored post commerce commission business housing package HSWA sale and purchase cat development subdivision speculator Landlording robert kiyosaki heat pump clnz nzpif holiday house building worksafe opes partners rent increase auckland ring-fencing p lab house prices minor dwelling barfoot and thompson twg report election2020 buyer's agent interest only letting

Login

Not a member?

APIA Blog

Rent (un)affordability: It is not how much landlords spend, it is how much tenants make

Don’t hold on to application forms longer than you have to

Privacy and renting - a brain dump for landlords

Landlords would do well not to underestimate the RTA

Bond - it is the tenant’s money

Cause and consequence are two different things

Rent increase after substantial work: not a case of $1-in-$1-out

Termination invalidated by a mere diary entry

Don't take legal advice from RE agents

Claiming meth testing cost from the tenant

Recent Posts

Tags

Archive

Introducing Our Partners