Wednesday, February 03, 2021
Landlording
Tuesday, January 26, 2021
Bond - it is the tenant’s money
We generally understand and talk about bonds as security deposits; on the one hand, they give a landlord the peace of mind to rent to a stranger and on the other hand cushion a tenant against onerous financial burden should a claim be made against him at the end of the tenancy. What we tend to be less mindful of is that ultimately, the bond is the tenant’s money and the law recog... read more
Monday, December 14, 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... read more
Wednesday, December 09, 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 i... read more
Tuesday, November 17, 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 ... read more
Thursday, October 15, 2020
Don't take legal advice from RE agents
Here is a reminder not to allow the property professional you work stray out of his lane: An APIA member recently bought a property with a tenant in situ. She did not require vacant possession and was quite prepared to keep the existing tenant on the property. Like most reasonable buyers, this member asked for a copy of the tenancy agreement, rent and management records... read more
Tuesday, October 13, 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.... read more
Tuesday, September 15, 2020
RTAA2020 - the thereafter
Now that the Residential Tenancies Amendment Act 2020 has been passed and is set to be fully implemented by 11 February 2021, we speak to seasoned property manager Katrina O'Connor from Barfoot & Thompson Manurewa about how the renting industry is responding to and adapting to the new law. Q. The RTAA 2020 is said to have dramatically increased the risk of landlording in New Zealan... read more
Friday, August 28, 2020
Trust beneficiary's ability to move into the rental property remains up in the air
A common question that has been circulating in the lead-up to the Residential Tenancies Amendment Act 2020 coming into effect: Whether a tenancy at a trust-owned rental property can be terminated under s 51(1)(a)? The current s51(1)(a) requires the landlord to give a 42-day notice to terminate if the owner or any member of the owners' family intend to move into the property as a principa... read more
Tuesday, August 04, 2020
Louise Benson: How to vet and on-board a first-time renter
Most of us have been tenants at some stage in our lives, but there was always that first time. As property managers, working with first-timers requires flexibility and sometimes, creativity. When an application has been received by someone completely new to renting this can prove challenging. We may only have the applicant’s parents or a disgruntl... read more
Upcoming Events
09-Mar-2021
Members Only Investor Digital Keynote - Equity for the win! Part 2: Renovation + Bonus presentation
17-Mar-2021
Members Only KPM Finance Clinic
24-Mar-2021
APIA Property Mixer (New Lynn)
