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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...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

Monique Oosterbaan: What I get out of my APIA membership

Having read a few books that suggested joining my local property investors association, I did a bit of investigation to find out exactly what these groups were about. I found APIA and decided to join immediately. I was pleasantly surprised from the outset at just how friendly everyone was, from the APIA admin as well as the members willing to answer any of your question...
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{{name}} - APIA Auckland Property Investors

Therese Bisquera: What I get out of my APIA Membership

As a newbie investor, one of the best things that APIA has done and continues to do for me is keep me informed of changes in the property investment space so that I can better prepare myself to come out on top. I love hearing from all types of investors through APIA - new or well experienced. I am an avid learner. A geek even. There are nuggets of information and ah-ha! mome...
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{{name}} - APIA Auckland Property Investors

Maximum occupancy - don’t sit on your rights

Knowledge or acquiescence of a tenant exceeding maximum occupancy could invalidate a subsequent claim for exemplary damage. RE: Driskel v Zoetebier [2021] NZTT Hutt Valley 4271298, 4277832 This is a claim and counterclaim hearing that covers a number of issues in connection to the tenancy. For the purpose of this discussion, we will be addressing the breach of maximum occupancy limit ex...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

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 ...
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{{name}} - APIA Auckland Property Investors

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...
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