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

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

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

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

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

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

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

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

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

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...
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