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

Peter Lewis: On tenancy disputes

Tenant advocates frequently claim that private-sector residential tenants are powerless pawns in the hands of greedy and uncaring landlords. They claim that when a tenant makes a request for their landlord to fix something on the property that they are entitled to have fixed, the landlord either ignores them or terminates the tenancy in retaliation. Some tenants have highlighted their...
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{{name}} - APIA Auckland Property Investors

Can Tenancy Services lawfully request information about my rental?

This week's question comes from Alan (paraphrased): Tenancy Services recently sent me an information request for details of insulation at one of my rentals. Are they have the right to that information? Our response: The short answer is yes. The authority to audit rests with the Tenancy Compliance and Investigation Team ("TCIT") that is part of Tenancy Services. In fact, we are aware of...
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{{name}} - APIA Auckland Property Investors

Am I running a boarding house?

This week's question comes from Sue (paraphrased): I am renting out a property that has six bedrooms. For the purpose of the Residential Tenancies Act, is it irrefutably a boarding house or can it be a normal residential rental? Our response: To answer this question, we first look at the definitions of both boarding house and boarding house tenancy per the Residential Tenancies Act (...
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{{name}} - APIA Auckland Property Investors

Bonds: the new forms, data process and mistakes to avoid

Early this month, Tenancy Services released new versions of its bond forms. We have a quick chat with Allan Galloway, MBIE National Manager of Dispute Resolution about the new forms, how they improve on the bond process, common bond related mistakes and how to avoid them. Q: Tenancy Services recently revised its various bond forms. Are the new forms intended to improve the internal...
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{{name}} - APIA Auckland Property Investors

What is 'reasonable' post-letting fee?

So, no more letting fees as of today. Our expectation is that most landlords will bear the cost of letting. That said, there are still other costs relating to the assignment of a tenancy that the amendment has stayed silent on. Tenancy Services has put out a statement advising that "landlords and agents can still recover expenses reasonably incurred from a tenant if they wish ...
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{{name}} - APIA Auckland Property Investors

Have your say about these new tenancy forms

Tenancy Services is reaching out to APIA landlords for feedback on 4 Bond forms currently being re-designed. The exercise is to improve on the current forms by creating logical workflows that are easy to fill out but also collect the necessary information to progress each bond matter. The four forms are: Bond lodgement Bond refund Bond transfer ...
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