12-Jan-2021
APIA Blog
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How much to increase rent by in response to RTAA 2020
This week's question comes from Joss: What rent premiums are landlords typically applying to addressed increased risks associated with the Residential Tenancies Amendment Act 2020? Without a doubt, certain provisions of the Residential Tenancies Amendment Act 2020 (RTAA 2020) shift the balance of risk and reward against landlords. Anecdotally many of our members have indicated that th... read more21-Dec-2020
What's my HHS compliance date?
This week's question comes from Cliff: My property is not yet fully HHS compliant, how should I fill in the compliance date on the HHS Compliance Statement? Actually, we expect this to be a common situation many landlords find themselves in. There are several deadlines for the Healthy Homes Standards (HHS) between now and July 2024. While the HHS Compliance Statement is now compu... read more14-Dec-2020
Brightline application for 'private transfer' of inherited properties
This week's question comes from Irene B and the answer is kindly provided by Amanda Watt of Shortland Chartered Accountants. The answer is intended to be for general information only and not tax advice. We inherited a residential property which was also in a Company ( we inherited the company). After a time we sold this property from the company to a trust. The only two directors of... read more22-Oct-2020
Tenant requesting permission to occupy after termination
This week's question comes from Maggie: I issued a 90-day notice for termination on 5th November. The tenants have asked if they can stay longer as they can’t find a home. I still want to terminate but am flexible with the date of exit. I gave notice in this instance as these are not tenants I want once the RTAA2020 termination rules come into effect. What’s my position if I allow them to ... read more12-Oct-2020
Can tenant be reimbursed for piped water when the water tank fails?
This week's question comes from Anonymous: My tenant (from 2016 to 2020) has made a Tribunal application against me. She is claiming, among other things, reimbursement of water rates due to the roof and gutters not being cleaned rendering the water tank unusable. Is that a valid claim? Without further information, we assume the following: That the property has both reticulated water... read more09-Oct-2020
Can HHS ventilation ducting be merged?
This week's question comes from Lara: My rental has a bathroom right next to the kitchen. Can the ducting of the bathroom extractor and kitchen extractor be joined and vented out of the house together for HHS ventilation purposes? Yes, so long as both extractor fans meet the size/capacity requirement (i.e. >150 mm diameter/exhaust capacity > 50 litres per second for anything ins... read more09-Oct-2020
HHS heating to be installed right now?
Question from Janak: Do I have to provide heat pumps right now before a property manager can rent out my unit? My property manager says heat pumps are needed before they can advertise and rent out the property. Your question goes to how the compliance deadline interacts with the terms of your management authority: All private rentals must comply with the heating standard within 90 day... read more29-Sep-2020
Is GST payable on all the properties held by a trading entity?
This week's question comes from long-time APIA member Mary M and the answer is kindly provided by Amanda Watt of Shortland Chartered Accountants. The answer is intended to be for general information only and not tax advice. We have a GST registered property entity set up initially for trading. If that entity is holding more than one property and not all of them are for trading, do we... read more24-Sep-2020
All for the kids
This week's question comes from long-time APIA member Hari K and the answer is kindly provided by Kristine King of DK Law. The answer is intended to be for general information only and not legal advice. If the rental properties are held by a trust with the parents being trustees, what is the best way to ensure that all the children get equal shares of the portfolio after the parents pas... read moreRecent Posts
- 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
- Ryan Smuts: Can you still get a mortgage after filing for bankruptcy?
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