19-Jan-2021
APIA Blog
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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 recommend... read more28-Aug-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 more02-Aug-2020
You are about to be robbed. Put a stop to it.
After failing to pass The Residential Tenancies Amendment Bill through the standard legislative process, Hon Chris Hipkins, Leader of the House, made the extraordinary announcement last week that he would move to pass this bill into law under urgency on Tuesday 4th August just before the 52nd Parliament dissolves. This is a widely unpopular bill. 82% of New Zealanders opposes its sig... read more02-Jul-2020
218-1 reasons for termination
This week's question comes from Kam re termination under 218-1 (paraphrased): If the Residential Tenancies Amendment Bill becomes law, would landlords be able to terminate a tenancy in order to renovate the property or to put the property on the market? Conditional yes in both instances. In the case of property renovation, a 90-day notice can be issued per (s32(2)(f) if the work i... read more25-Jun-2020
218-1 Delayed: A stay, not a pardon
An update on 218-1 The Residential Tenancies Amendment Bill: the deadline for the Social Services and Community Select Committee to report back to Parliament has been pushed out from late June to 13th July. We look at what this means for landlords and where to from here in terms of our collective lobbying efforts. Background On the first week of the lockdown, the Ministry of ... read more17-Mar-2020
Say NO! to 218-1
218-1 The Residential Tenancies Amendment Bill proposes to introduce sweeping changes that will, in our view, significantly impact the business of landlording. In fact, according to the REINZ, 82% of New Zealanders oppose the Bill's signature proposal to abolish the landlord's ability to terminate a tenancy with a 90-day notice. The public has until 25th of March 2020 to submit again... read more13-Mar-2020
Associated person - there is no there there
Some concerns have been raised about the application of the associated person rule (APR) vis-à-vis 218-1’s infringement offence regime. More specifically, how the rule interacts with the two-tiered penalty system that fines landlords with 6 or more tenancies twice the amount of what it would a landlord with 5 or less. We are aware of some interpretations out there suggesting that... read more11-Mar-2020
PSA: 218-1 is a bad bill!
The verdicts are in. 218-1 The Residential Tenancies Amendment Bill a bad piece of legislation and it is in dire need of being saved if it ever stands a chance at doing any good. The brief, the government intends for 218-1 to achieve the following objectives: Improve security of tenure; Empower tenants within their rented homes, the rental market and the rental system; and ... read more10-Mar-2020
Fact-checking 218-1
Every since 218-1 The Residential Tenancies Amendment Bill was released, there have been several statements made in an effort to summarise the effects of the Bill. Some statements are true, some are too broad-brush and should be qualified while others are entirely false. We've put together this quick fact-checker to held landlords understand 218-1 better: On the effects of the Bill ... read moreRecent Posts
- Personal properties vs chattels
- 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
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