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

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

RTAA2020 - the thereafter

Now that the Residential Tenancies Amendment Act 2020 has been passed and is set to be fully implemented by 11 February 2021, we speak to seasoned property manager Katrina O'Connor from Barfoot & Thompson Manurewa about how the renting industry is responding to and adapting to the new law. Q. The RTAA 2020 is said to have dramatically increased the risk of landlording in New Zealand. Wh...
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{{name}} - APIA Auckland Property Investors

Trust beneficiary's ability to move into the rental property remains up in the air

A common question that has been circulating in the lead-up to the Residential Tenancies Amendment Act 2020 coming into effect: Whether a tenancy at a trust-owned rental property can be terminated under s 51(1)(a)? The current s51(1)(a) requires the landlord to give a 42-day notice to terminate if the owner or any member of the owners' family intend to move into the property as a principa...
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{{name}} - APIA Auckland Property Investors

Louise Benson: How to vet and on-board a first-time renter

Most of us have been tenants at some stage in our lives, but there was always that first time. As property managers, working with first-timers requires flexibility and sometimes, creativity. When an application has been received by someone completely new to renting this can prove challenging. We may only have the applicant’s parents or a disgruntled ex...
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{{name}} - APIA Auckland Property Investors

Shhh! Heat pump breaches quiet enjoyment?

An APIA members’ recent endeavour to comply with the HHS heating standards brought a couple of issues to the forefront that are worth unpacking here. Her experience in brief: She owns a block of three adjoining flats and made inquiries with a heat pump installer (with whom she has an existing working relationship with) about putting heat pumps into all three units. The installer assessed ...
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{{name}} - APIA Auckland Property Investors

HHS Heat pumps: A Q&A with Tim Fawdray

Given predictable increase in activities in the heat pump market (the season, HHS compliance deadline and the lockdown being behind us 🤞🏻), we've gotten together with Tim Fawdray, Managing Director of Varcoe, to tackle some of the common issues landlords face when purchasing a heat pump: Q. The heating assessment tool is only telling insofar as what the required heating capacity is for a ...
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{{name}} - APIA Auckland Property Investors

​COVID-19: Freeze on rent increases explained

Based on the number of inquiries we have received concerning the temporary rules for rent increases (under the COVID-19 Response (Urgent Management Measures) Amendment Act), this FAQ feels appropriate: What is being frozen? Rent increases not rents. Landlords are prohibited from increasing rents during the freeze period. What is not being frozen? Rents and rent increase notice...
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{{name}} - APIA Auckland Property Investors

Covid-19: Some tips for landlords to manage rent arrears

It should come as no surprise to anyone that over the last two weeks, most of the inquiries we have received from landlords concern rent. More specifically, arrears. Our responses to each of these inquiries largely reflect the following: 1. Get yourself sorted It has been made abundantly clear to APIA members that in times like this, cash-flow is king. Take a good look at your cash...
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{{name}} - APIA Auckland Property Investors

Covid-19: Should you continue to issue 14-day notices

Many landlords are understandably worried after stories like this emerged in the media over the last two weeks. On the one hand, landlords, by and large, understand renting is a human business. On the other hand, many landlords are frustrated by being excluded from most of the government's relief packages in light of Covid-19. Not to mention, rent arrear is a risk that is very pres...
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