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Maximum occupancy - don’t sit on your rights

Knowledge or acquiescence of a tenant exceeding maximum occupancy could invalidate a subsequent claim for exemplary damage. RE: Driskel v Zoetebier [2021] NZTT Hutt Valley 4271298, 4277832 This is a claim and counterclaim hearing that covers a number of issues in connection to the tenancy. For the purpose of this discussion, we will be addressing the breach of maximum occupancy limit ex... read more
{{name}} - APIA Auckland Property Investors

Landlords would do well not to underestimate the RTA

Mainstream commentary on the Residential Tenancies Amendment Act 2020 (RTAA 2020) is grossly preoccupied with the removal of the 90-day no-fault termination notice. At times, it even exaggerates the (detrimental) consequences landlords will be made to suffer post 11 February seeing as the proverbial rug is about to be pulled out from under us. We disagree and offer this reframe - That... read more
{{name}} - APIA Auckland Property Investors

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
{{name}} - APIA Auckland Property Investors

Personal properties vs chattels

In an $11,476.87 order made against the tenant, Kieran Jie-Wei Cheng, that in part, penalised him for damaging the premises, the Tribunal clearly articulates the limits of its jurisdiction. In short, personal properties belonging to the landlord do not enjoy the same s49B protection against tenant damages as rental chattels otherwise would. RE: Newman v Lalor and other parties [2021] NZTT C... read more
{{name}} - APIA Auckland Property Investors

Ending a fixed-term tenancy to sell

This week's question comes from Rob (paraphrased): I want to sell a property that is currently subject to a fixed-term tenancy (term expiring 22nd February 2021). I need some downtime between the tenancy and the listing to tidy up the property. In light of the RTAA, what notice should I give to terminate the tenancy? Also, for the first time, the tenant had missed a rent payment, if I give... read more
{{name}} - APIA Auckland Property Investors

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 more
{{name}} - APIA Auckland Property Investors

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 more
{{name}} - APIA Auckland Property Investors

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 more
{{name}} - APIA Auckland Property Investors

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 more
{{name}} - APIA Auckland Property Investors

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 more

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The Tenancy Practice Service and TPS Credit Control work closely with the Auckland Property Investors' Association. Our vision of bringing helpful resources, documents and high quality services to Auckland Property Investors and Property Managers is shared by APIA, so its a partnership that works well. 

The Auckland Property Investors' Association is a great organisation for those who want access to advice and information from a range of industry experts and partners. 



Mathieu Holt- Managing Director, The Tenancy Practice Service & TPS Credit Control
Through the Association I found the channels and methods to fund the purchase of property I never dreamed about. Grant Brown

All round it has been one of those things Neil and I felt was really worthwhile belonging to. We have learned so much it has just built our confidence in what we are doing.

Janice Bieleski
I read two articles in the monthly magazine that saved me over $5,000. That is my membership fee for the next 26 years and I am sure I will learn a whole lot more! John Duncan
Fantastic organisation. The networking opportunities are brilliant and provide us with information and opportunities that cannot be obtained anywhere else. We learn something new at every meeting and we've been in this game for nearly 20 years. Pauline and Gyanen Kumar

I find the information obtained from various APIA meetings very useful in guiding my own property investment and rental management.  I also enjoy the networking opportunities with like-minded investors.  I am inspired by other investors’ success and find the more experiences and knowledge that I share with others, the more confident I become.  

Thanks to all APIA event organizers and administrators for your brilliant work. 

Stella Shao

I like talking to people and learning from their experience because it gives me the confidence to invest well. I think it is a knowledge thing. I now know I am doing things the right way.

Stephen Weatherall

My APIA membership has become a total success.

Every time I attend a monthly or regional meeting I come away with so many useful and positive tips that have added value to my property investments and management.

Not only that, the website is a great place for practical advice and useful information. It has now evolved into an important resource for my business.

Talk about value for money! The discounts I have been getting at Bunnings when I present my APIA membership card have more than paid for my annual subscription!

Tim Duffett, Plan A Investments Limited