07-Nov-2019
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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 more
02-Apr-2019
Osaki protection not afforded to Airbnb tenants
Concerning Tobin, Jackie vs CHEN, JIANQING [2019] NZTT Auckland 4172141 The issue Whether tenants are afforded the Osaki protection for damages caused by Airbnb sub-tenants? The facts - Mr Chen rented two apartments from Ms Tobin for a period of time until 21 October 2018. - Mr Chen had never occupied either property and instead, on-leased both as Airbnb rentals with the knowledge and ... read more
26-Jul-2018
A broken heater lead to a $2250 fine
By now, APIA landlords should be well aware of the 1947 Housing Improvement Regulations (HIR) and how it relates to s45 of the Residential Tenancies Act. The Tribunal, historically, has certainly not shied away from enforcing elements of the HIR especially as it relates to dampness. Increasingly, however, we are seeing it being relied on in decisions pertaining to deficient heating. For... read more
19-Mar-2018
Peter Lewis: Progress on The Methamphetamine Contamination Issue
After considerable discussion and input from a number of interested parties including the Property Investors Federation, the New Zealand Standard NZS 8510:2017 on the testing and decontamination of methamphetamine contaminated properties was released in August last year. Most landlords want to provide properties that are safe and secure for their tenants, but are naturally also concerne... read more
09-Jan-2018
What does it take for your rental to be 'safe and healthy'?
Most of us are fully aware that one of the hallmark obligations of being a landlord is to provide our tenants with a safe and healthy home. However, there isn't a lot of instructive authority beyond the wordings of s45 of the Residential Tenancies Act. Amongst other things, s45 requires landlords to: ... (b) provide and maintain the premises in a reasonable state of repair having re... read more
12-Dec-2017
Failure to lodge bond is no joke
54 Tribunal orders amounting to $38,713.76 in exemplary damages and costs against an Invercargill landlord are reasons enough for all of us refresh our understanding of landlords’ bond duties. After an exhaustive investigation by the Tenancy Compliance and Investigations Team, the Chief Executive of the Ministry of Business Innovation and Employment brought 54 Tribunal applications ... read more
04-Dec-2017
Pre-purchase checks you should never forget about
It is largely accepted that buying a rental is different to buying a home. Investors buy on projected yield and growth making purchasing a rental a somewhat mechanical process (if you repeat it often enough). But what if you are buying a rental and an existing tenancy? Should you broaden your due diligence and look at anything other than the numbers? Take a look at the recent Trib... read more
27-Nov-2017
How to establish a claim at the Tenancy Tribunal?
This week's Tribunal case digest relates to Simpson, Alan Geraint vs K & S Ballantyne Family Trust, JR Kerr Family Trust and other parties. The way the adjudicator sets out the order serves as a lesson for landlords on presenting and asserting your claim at the Tribunal. As our commentary largely relates to process (rather than the application of the Residential Tenancies Act), I wi... read more
21-Nov-2017
Parry reversed - Tribunal activism gone too far?
Considering the tremendous stress Anderson v FM Custodians Ltd has had on the landlord community, Vic Inglis’ successful appeal at the District Court is nothing short than an extraordinary, and much needed, relief. In September this year, Mr. Inglis was ordered by the Tenancy Tribunal (citing Anderson as authority) to refund his former tenant, Natalie Parry, nearly $11,000 of ren... read moreRecent Posts
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