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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...
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{{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...
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{{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...
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{{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...
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{{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...
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