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

Personal properties vs chattels

In an $11,476.87 order made against the tenant, Kieran Jie-Wei Cheng, that in part, penalised him for damaging the premises, the Tribunal clearly articulates the limits of its jurisdiction. In short, personal properties belonging to the landlord do not enjoy the same s49B protection against tenant damages as rental chattels otherwise would. RE: Newman v Lalor and other parties [2021] NZTT C... read more
{{name}} - APIA Auckland Property Investors

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

You are about to be robbed. Put a stop to it.

After failing to pass The Residential Tenancies Amendment Bill through the standard legislative process, Hon Chris Hipkins, Leader of the House, made the extraordinary announcement last week that he would move to pass this bill into law under urgency on Tuesday 4th August just before the 52nd Parliament dissolves. This is a widely unpopular bill. 82% of New Zealanders opposes its sig... read more
{{name}} - APIA Auckland Property Investors

218-1 reasons for termination

This week's question comes from Kam re termination under 218-1 (paraphrased): If the Residential Tenancies Amendment Bill becomes law, would landlords be able to terminate a tenancy in order to renovate the property or to put the property on the market? Conditional yes in both instances. In the case of property renovation, a 90-day notice can be issued per (s32(2)(f) if the work i... read more
{{name}} - APIA Auckland Property Investors

218-1 Delayed: A stay, not a pardon

An update on 218-1 The Residential Tenancies Amendment Bill: the deadline for the Social Services and Community Select Committee to report back to Parliament has been pushed out from late June to 13th July. We look at what this means for landlords and where to from here in terms of our collective lobbying efforts. Background On the first week of the lockdown, the Ministry of ... read more
{{name}} - APIA Auckland Property Investors

Say NO! to 218-1

218-1 The Residential Tenancies Amendment Bill proposes to introduce sweeping changes that will, in our view, significantly impact the business of landlording. In fact, according to the REINZ, 82% of New Zealanders oppose the Bill's signature proposal to abolish the landlord's ability to terminate a tenancy with a 90-day notice. The public has until 25th of March 2020 to submit again... read more

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The Tenancy Practice Service and TPS Credit Control work closely with the Auckland Property Investors' Association. Our vision of bringing helpful resources, documents and high quality services to Auckland Property Investors and Property Managers is shared by APIA, so its a partnership that works well. 

The Auckland Property Investors' Association is a great organisation for those who want access to advice and information from a range of industry experts and partners. 



Mathieu Holt- Managing Director, The Tenancy Practice Service & TPS Credit Control
Through the Association I found the channels and methods to fund the purchase of property I never dreamed about. Grant Brown

All round it has been one of those things Neil and I felt was really worthwhile belonging to. We have learned so much it has just built our confidence in what we are doing.

Janice Bieleski
I read two articles in the monthly magazine that saved me over $5,000. That is my membership fee for the next 26 years and I am sure I will learn a whole lot more! John Duncan
Fantastic organisation. The networking opportunities are brilliant and provide us with information and opportunities that cannot be obtained anywhere else. We learn something new at every meeting and we've been in this game for nearly 20 years. Pauline and Gyanen Kumar

I find the information obtained from various APIA meetings very useful in guiding my own property investment and rental management.  I also enjoy the networking opportunities with like-minded investors.  I am inspired by other investors’ success and find the more experiences and knowledge that I share with others, the more confident I become.  

Thanks to all APIA event organizers and administrators for your brilliant work. 

Stella Shao

I like talking to people and learning from their experience because it gives me the confidence to invest well. I think it is a knowledge thing. I now know I am doing things the right way.

Stephen Weatherall

My APIA membership has become a total success.

Every time I attend a monthly or regional meeting I come away with so many useful and positive tips that have added value to my property investments and management.

Not only that, the website is a great place for practical advice and useful information. It has now evolved into an important resource for my business.

Talk about value for money! The discounts I have been getting at Bunnings when I present my APIA membership card have more than paid for my annual subscription!

Tim Duffett, Plan A Investments Limited