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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...
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{{name}} - APIA Auckland Property Investors

How to enrich your online forum experience

The potential impropriety of comments on various property investor online forums have been picked up by the Commerce Commission recently. So far the examination of this matter has not resulted in any prosecution but the Commission has issued advisory letters to forum administrators and various industry groups* to remind investors of the anti-cartel rule per s30 of the Commerce Act. ...
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{{name}} - APIA Auckland Property Investors

Rene Swindley: what does loss of rent insurance actually cover?

If a rental property suffers damage that makes it unliveable, the house will become unoccupied and the landlord will lose rental income until the house can be repaired and re-tenanted. Damage caused by major events like flooding, earthquake or fire could take months to repair, meaning months of no rental income. Loss of rent insurance is designed to put the landlord in the same posi...
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{{name}} - APIA Auckland Property Investors

Can I ask if a tenant has ever stayed at the Women's Refuge?

Question from Ann: Can I ask a tenant applicant whether he/she has ever stayed at the Women's Refuge? No. We see this as contravening privacy principle 1 of the Privacy Act being that the only personal information a landlord can collect during the application stage has to be information that is necessary for the landlord to determine whether to grant to or withhold the tenancy from the...
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{{name}} - APIA Auckland Property Investors

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 disgruntled ex...
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{{name}} - APIA Auckland Property Investors

Kelvin Davidson: Property seems to be off politicians’ radars

The 2020 General Election is fast approaching and even in normal years elections tend to create some uncertainty in the economy and the property market, with investors often finding themselves staring down the barrel of some kind of new tax or regulatory change. Needless to say, this parliamentary term has seen plenty of these (e.g. extra insulation standards, tenancy law reform, ri...
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{{name}} - APIA Auckland Property Investors

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...
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