APIA Blog

RSS Feed

{{name}} - APIA Auckland Property Investors

Ending an unsigned FT extension early

This week's question comes from Kowie S: We had a fixed-term tenancy from the end 2019- end 2020. Our landlords reached out close to the expiry date and offered us a 1-year extension via email. We responded by stating we would be happy to extend and asked that they would let us know when we can discuss and sign the contract. They replied by saying no need to sign, they will just change the...
read more
{{name}} - APIA Auckland Property Investors

How a hard-line approach to Tribunal claims can end up hurting you

On the awarding of legal costs by the Tenancy Tribunal RE: Thomas and other v Novus Vita Limited [2021] NZTT Wellington 4266110, 4266355 The basis of the Tenancy Tribunal is for parties in a dispute to achieve a just outcome swiftly and inexpensively. Lawyers do not generally get involved and as such, the Tribunal isn’t often concerned with issues relating to the award of legal costs...
read more
{{name}} - APIA Auckland Property Investors

What is a tenancy?

Rent is a key pillar to support a claim of a residential tenancy. It is never super nice to see family disputes play out in the public domain. The venerable Miss Manners will likely scold us for even taking a second look. In saying that, a second look is exactly what is warranted for Wallath v Wallath [2021] NZTT 4272191 on this platform seeing that it explores the meaning of a (r...
read more
{{name}} - APIA Auckland Property Investors

Hard for you but su*ks for me

An example of how the Tenancy Tribunal weighs up a landlord’s and a tenant’s respective hardship in determining the merits of an application for early termination (of a fixed-term tenancy) RE: Ayaz v Rentex Ltd [2020] NZTT North Shore 4278514 Facts The tenant and his family moved to New Zealand in May 2020 and took out a one-year fixed-term tenancy from 20th June 2020 to 18th ...
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

Raewyn Stanaway: Residential property investing - new builds vs existing

There are lots of options available when looking to invest in residential property and one consideration is whether to buy an existing property or a ‘new build’. With the current RTA and Healthy Homes legislation, there is indeed a lot to think about. Existing Homes Unless you are buying an existing house that is already 100% compliant with current legislation, or wish to do any work re...
read more
{{name}} - APIA Auckland Property Investors

Tenant requesting permission to occupy after termination

This week's question comes from Maggie: I issued a 90-day notice for termination on 5th November. The tenants have asked if they can stay longer as they can’t find a home. I still want to terminate but am flexible with the date of exit. I gave notice in this instance as these are not tenants I want once the RTAA2020 termination rules come into effect. What’s my position if I allow them to ...
read more
{{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...
read more
{{name}} - APIA Auckland Property Investors

Raewyn Stanaway: How to 'winter-proof' your tenancy

The last thing any landlord wants is their tenant moving out in the middle of winter because they find the property cold or damp. Your chances of re renting a cold property quickly at that time of year will be very difficult. Warm and comfortable homes are more appealing and will attract and keep good long term tenants. You will be aware of the Healthy Homes Standards that became law on 1...
read more
{{name}} - APIA Auckland Property Investors

COVID-19 termination rules recap & a reminder for would-be vendors

As investors grapple with the economic effects of COVID-19, some may consider deleveraging by selling off a few under-performing properties. If these properties have tenants in situ then it is advisable for would-be vendors to be well aware of the new tenancy termination rules and plan well in advance. Tenancy termination during COVID-19 We specifically refer to the rules und...
read more

Recent Posts


Tags

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

Archive

Introducing Our Partners
Principal Sponsor - Kris Pedersen Mortgages & Insurance logo Gold Sponsor - Barfoot & Thompson logo Gold Sponsor - CoreLogic logo Property Apprentice logo The Insulation Warehouse logo The Renovation Team logo The New Zealand Property Investors' Federation logo