19-Jan-2021
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11-Jan-2021
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... read more
16-Dec-2020
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
14-Dec-2020
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 ... read more
09-Dec-2020
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... read more
17-Nov-2020
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
22-Oct-2020
Affidavits and witness testimony necessary to substantiate an anti-social behaviour claim
RE early termination for severe hardship on account of the tenant’s persistent anti-social behaviour Landlords should not presume to be able to rely on letters or unsworn statements to substantiate an anti-social claim. Background in brief The tenancy in question is a single occupant fixed term tenancy at an Auckland CBD apartment. The building is controlled by a body corporate and employ... read more
13-Oct-2020
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 ... read more
07-Nov-2019
Stephen Hegh: Methamphetamine – where are we now?
The 2019 Residential Tenancies Amendment Act (RTAA) moved things forward… a bit. Landlords can now access the property to test for meth contamination. But the elephant in the room remains: what is the acceptable maximum level of meth presence at a rental property? Standards New Zealand says it is 1.5µg/100cm2, Sir Peter Gluckman says 15µg/100cm2, The Residential Tenancies ... read more
10-Apr-2019
Reasonable compensation for early termination
Concerning Hood, Angela Julie vs First National Marlborough Limited [2019] NZTT Blenheim 4180394 The issue What can a landlord reasonably recover from a tenant for terminating a fixed-term tenancy early? The facts - The fixed-term tenancy between the two parties was reduced and terminated early at an earlier hearing by an interim order (presumably under s66(1) of the RTA). - Th... read moreRecent Posts
- Personal properties vs chattels
- Ending a fixed-term tenancy to sell
- Landlord held not liable for co-tenants' pets
- How much to increase rent by in response to RTAA 2020
- What's my HHS compliance date?
- Hard for you but su*ks for me
- Cause and consequence are two different things
- Brightline application for 'private transfer' of inherited properties
- Rent increase after substantial work: not a case of $1-in-$1-out
- Kelvin Davidson: It’s been an unprecedented year – the swings and roundabouts of 2020
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