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Kristine King: Unlawful Premises – Moving Past Anderson v FM Custodians

Following a review of the law of residential tenancies in New Zealand, the Residential Tenancies Amendment Bill (No 2) gained Royal Assent on 30 July 2019. This bill, now named the Residential Tenancies Amendment Act 2019 (“the Amendment Act”), came into force on the 27th of August 2019. The Amendment Act greatly impacts on the rights and obligations of both landlords and tenant...
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{{name}} - APIA Auckland Property Investors

Stephen Hegh: Methamphetamine – where are we now?

The 2019 Residential Tenancies Amendment Act (RTAA) moved things forward… a bit. Landlords can now access the property to test for meth contamination. But the elephant in the room remains: what is the acceptable maximum level of meth presence at a rental property? Standards New Zealand says it is 1.5µg/100cm2, Sir Peter Gluckman says 15µg/100cm2, The Residential Tenancies ...
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{{name}} - APIA Auckland Property Investors

Will increasing the rent give rise to a mandatory obligation to disclose insurance details

This week's question comes from Peter (paraphrased): In the case of an ongoing periodic tenancy that started before 27th August 2019, does the landlord's obligation to disclose insurance details to tenants become mandatory after a rent increase? To answer this question, we've turned to Kristine King from Duncan King Law. 'Section 13A(F) requires t...
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{{name}} - APIA Auckland Property Investors

You want to test for meth but your tenant says 'No'

Landlords can now enter onto the property* to test for meth contamination. The latest amendment to the Residential Tenancies Act gives landlords the right to enter onto the property to test for meth contamination provided that the following s48(ba) conditions are met: That a minimum of 48 hours and a maximum of 14 days notice has been given to the tenant advising the reason for ent...
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{{name}} - APIA Auckland Property Investors

Rumour has it...

Landlords are, understandably, feeling vindicated and excited about the RTAA 2019 which now makes tenants liable (up to a certain extent) for carelessly damaging the property. But Parliament being Parliament, its legislative language leaves much to be desired. It should come as no surprise then that various hot-takes arrived at different conclusions as to exactly how will the tenants be ...
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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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