19-Jan-2021
APIA Blog
RSS Feed11-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 more16-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 more14-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 more09-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 more17-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 more22-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 more13-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 more07-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 more10-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
Tags
meth commerce commission letting landlord Landlording bond trust HSWA buyer's agent rta Case study maintenance parry v inglis buying boarding house data security business election 2017 airbnb ventilation asbestos house prices investment strategy opes partners Must know financial advisers act Guest blog anz heater Q&A re agent damage wins housing affordability warm up new zealand tenancy issues renovation advice interest rates legal trademe housing bubble minor dwelling initio tenancy services buying rules finance property value banking rental wof speculator holiday house productivity DTI brightline TCIT beginner investor Kris Pedersen Mortgages and Insurance rent increase early termination yield auckland relationship Market report market property cycle unitary plan cash-flow first home buying covid-19 tax reserve bank rent arrears debt enforcement LIM Editor's Choice Level 4 return robert kiyosaki structure HHGA market rent nzpif privacy HHS rental market sale and purchas television equity government trespass property apprentice Standards New Zealand smoke alarm property management cat mindset worksafe bad tenant bond form heating Must knows shortland chartered accountants will RTAA 2019 short-term rental sublease gluckman report mortgage twg report insulation ring-fencing rta reform lvr sale and purchase Jeff Bezos kiwibuild ask an expert income tenant rtaa2020 termination off the plan CCC scotney williams Investment tip insurance building khh How to Gluckman positive cash flow p lab bankruptcy barfoot and thompson water bill investor property property maintenance shower dome meth contamination management ocr recycling equity partners cgt RBNZ Sponsored post CoreLogic education auckland council ird quiet enjoyment election2020 wealth creation inspection clnz extractor fan watercare Holler negotiation rent anti-social behaviour Tribunal case study retaliatory notice warren buffett letting fee Investor story fixed-term tenancy principal and interest development Property (Relationships) Act subdivision tenancy tribunal skill shortage capital gain interest only personal growth winz Question and answer
- advice (12)
- airbnb (4)
- anti-social behaviour (1)
- anz (4)
- asbestos (2)
- ask an expert (11)
- auckland (9)
- auckland council (6)
- bad tenant (2)
- banking (3)
- bankruptcy (1)
- barfoot and thompson (1)
- beginner investor (6)
- boarding house (1)
- bond (2)
- bond form (1)
- brightline (1)
- building (9)
- business (1)
- buyer's agent (1)
- buying (1)
- buying rules (1)
- capital gain (3)
- Case study (3)
- cash-flow (3)
- cat (1)
- CCC (2)
- cgt (2)
- clnz (6)
- commerce commission (1)
- CoreLogic (3)
- covid-19 (14)
- damage (3)
- data security (1)
- debt enforcement (2)
- development (5)
- DTI (2)
- early termination (1)
- Editor's Choice (28)
- education (2)
- election 2017 (1)
- election2020 (1)
- equity (1)
- extractor fan (1)
- finance (28)
- financial advisers act (1)
- first home buying (8)
- fixed-term tenancy (3)
- Gluckman (1)
- gluckman report (1)
- government (10)
- Guest blog (36)
- heater (3)
- heating (9)
- HHGA (6)
- HHS (18)
- holiday house (1)
- Holler (10)
- house prices (8)
- housing affordability (11)
- housing bubble (7)
- How to (37)
- HSWA (5)
- income (2)
- initio (2)
- inspection (2)
- insulation (12)
- insurance (9)
- interest only (1)
- interest rates (9)
- investment strategy (24)
- Investment tip (22)
- investor (43)
- Investor story (5)
- ird (1)
- Jeff Bezos (1)
- khh (2)
- kiwibuild (1)
- Kris Pedersen Mortgages and Insurance (10)
- landlord (82)
- Landlording (56)
- legal (5)
- letting (1)
- letting fee (2)
- Level 4 (2)
- LIM (2)
- lvr (7)
- maintenance (2)
- management (15)
- market (5)
- market rent (3)
- Market report (2)
- meth (5)
- meth contamination (7)
- mindset (1)
- minor dwelling (3)
- mortgage (6)
- Must know (43)
- Must knows (33)
- negotiation (2)
- nzpif (6)
- ocr (5)
- off the plan (1)
- opes partners (1)
- p lab (8)
- parry v inglis (2)
- partners (1)
- personal growth (4)
- positive cash flow (1)
- principal and interest (1)
- privacy (3)
- productivity (1)
- property (20)
- Property (Relationships) Act (1)
- property apprentice (1)
- property cycle (2)
- property maintenance (7)
- property management (22)
- property value (13)
- Q&A (73)
- Question and answer (70)
- quiet enjoyment (1)
- RBNZ (1)
- re agent (1)
- recycling equity (1)
- relationship (2)
- renovation (7)
- rent (8)
- rent arrears (6)
- rent increase (1)
- rental market (4)
- rental wof (1)
- reserve bank (11)
- retaliatory notice (1)
- return (3)
- ring-fencing (7)
- robert kiyosaki (1)
- rta (46)
- rta reform (2)
- RTAA 2019 (6)
- rtaa2020 (3)
- sale and purchas (1)
- sale and purchase (2)
- scotney williams (7)
- shortland chartered accountants (1)
- short-term rental (1)
- shower dome (1)
- skill shortage (1)
- smoke alarm (1)
- speculator (3)
- Sponsored post (14)
- Standards New Zealand (2)
- structure (1)
- subdivision (2)
- sublease (1)
- tax (12)
- TCIT (2)
- television (1)
- tenancy issues (81)
- tenancy services (7)
- tenancy tribunal (33)
- tenant (55)
- termination (8)
- trademe (1)
- trespass (1)
- Tribunal case study (6)
- trust (2)
- twg report (1)
- unitary plan (1)
- ventilation (2)
- warm up new zealand (1)
- warren buffett (3)
- water bill (6)
- watercare (7)
- wealth creation (2)
- will (1)
- wins (1)
- winz (1)
- worksafe (1)
- yield (1)