APIA Blog

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04-Sep-2017

Landlord Q&A - Extending lease on rental being used for business purposes

I have a fixed-term tenant who is using the (residential) rental as a massage clinic. Now that the fixed-term is over, the tenant is requesting for another two years of fixed-term tenancy. I read from the template tenancy agreement that the property has to be used principally for residential purposes. That is not the case here. I do want to keep her as a tenant. If I sign... read more

Q&A

10-Jul-2017

Landlord Q&A - Health and safety policy requirements for landlords

We are landlords of both commercial and residential properties and have been advised that we are required to have a Health And Safety Policy And Plan. Is that correct? If so, what should the policy/plan cover? Under the Health and Safety at Work Act 2015 (“Act”) commercial landlords and (at times) residential landlords are Persons Conducting a Business or Undertak... read more

Q&A

05-Apr-2017

Building Q&A - Building contracts

I am building a home first time and needed advice on the contracts that builders will sign since I hear that builders hardly ever sign much and that contracts are weak in terms of getting good quality / trustworthy service to completion. Can you tell me if they will sign sundowner clauses, a penalty clause for time and cost overrun? Also, will they agree to receive the last 5%... read more

Q&A

08-Mar-2017

Landlord Q&A - Extra Airbnb income for landlords?

If a landlord’s consent is being sought for the tenant to sublet the property to Airbnb guests and in return for the consent the tenant offers a percentage of the Airbnb earnings, could the landlord legally accept that offer under the RTA? Interestingly, the Tenancy Tribunal has recently ruled that Airbnb is subletting and so the tenant requires the owner’s written cons... read more

Q&A

16-Jan-2017

Landlording Q&A - Should I give a written reference?

My out-going tenant is requesting a reference in writing. Should I give it? Landlords are not under any legal obligation to give their tenants references. When you act as a referee for an ex-tenant, you do so out of goodwill. Should you give your reference in writing? You are, of course, free to do so but we recommend that you do not. Giving reference is such a ... read more

Q&A

07-Sep-2016

Conveyancing Q&A - Long settlements

In this week's Conveyancing Q&A, Hilary Jenkins covers issues relating to long settlements. I am negotiating on a property where the vendor is asking for a long settlement (12 months) for selling at below market value. I don’t mind the long settlement but anything can happen in the next 12 months that can significantly change the deal for me. What are some of... read more

Q&A

18-Aug-2016

Conveyancing Q&A - Vendor demands more money before settlement

In this week's Conveyancing Q&A, Hilary Jenkins talks about property sharing agreements. I am about to settle on a house. The agreement is now unconditional. The vendor is leaving the country immediately after settlement and has now told my solicitor that unless I pay an extra $7,000 to purchase all the chattels off her she will instruct her solicitor not to settle. D... read more

Q&A

04-Aug-2016

Conveyancing Q&A - What to put in a property sharing agreement?

In this week's Conveyancing Q&A, Hilary Jenkins talks about property sharing agreements. My friend, his sister and I want to pool our money together to buy a property. Because I am the only ‘outsider’ in the arrangement, I want to make sure that the deal is fair for all i.e. we all put in the same amount of money and effort going forward. I am insisting that we have a legal... read more

Q&A

26-Apr-2016

Body corporate repairs - what do I have to pay for?

We own a unit on a fee simple cross lease title. There are over 20 units in two blocks with an operating body corporate (covering common area, insurance and water bill). Back in March another unit suffered damage to its roof as well as sustained consequential damages to the ceiling and internal walls. The insurance claim lodged by the body corporate had been unsuccessful so the manag... read more

Q&A

28-Mar-2016

Conveyancing Q&A - What is a cross lease?

In this week's Conveyancing Q&A, Hilary Jenkins shows you how to minimise your legal fees. What is a cross-lease title and what should I be aware of as a landlord if my property is on a cross-lease? A cross-lease title is one type of shared ownership title. The title gives a property owner a registered lease of their house on the landlord, and an undivided owners... read more

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