08-Dec-2020
APIA Blog
RSS Feed
20-Nov-2020
Ryan Smuts: Can you still get a mortgage after filing for bankruptcy?
When it comes to mortgage lending, in many circumstances it comes down to deposits/equity and your ability to meet loan affordability criteria, which can be different depending on which lender you approach. However, another key area of mortgage lending is your character, which covers your overall position as a borrower – including for example, credit history and ... read more
18-Nov-2020
Debbie Roberts: My top tips for late starters
If retirement is right around the corner for you, you might be thinking that it is too late for you to start investing in property, and you might be wishing that you had started 20 years ago. However, it's not necessarily true that you have missed the boat completely. It will depend on how much time you have left until retirement, what your borrowing capacity is, and what your equit... read more
17-Nov-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 recommend... read more
23-Oct-2020
Raewyn Stanaway: Residential property investing - new builds vs existing
There are lots of options available when looking to invest in residential property and one consideration is whether to buy an existing property or a ‘new build’. With the current RTA and Healthy Homes legislation, there is indeed a lot to think about. Existing Homes Unless you are buying an existing house that is already 100% compliant with current legislation, or wish to do any work re... read more
22-Oct-2020
Tenant requesting permission to occupy after termination
This week's question comes from Maggie: I issued a 90-day notice for termination on 5th November. The tenants have asked if they can stay longer as they can’t find a home. I still want to terminate but am flexible with the date of exit. I gave notice in this instance as these are not tenants I want once the RTAA2020 termination rules come into effect. What’s my position if I allow them to ... read more
22-Oct-2020
Affidavits and witness testimony necessary to substantiate an anti-social behaviour claim
RE early termination for severe hardship on account of the tenant’s persistent anti-social behaviour Landlords should not presume to be able to rely on letters or unsworn statements to substantiate an anti-social claim. Background in brief The tenancy in question is a single occupant fixed term tenancy at an Auckland CBD apartment. The building is controlled by a body corporate and employ... read more
15-Oct-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. Nei... read more
13-Oct-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. The ... read more
12-Oct-2020
Can tenant be reimbursed for piped water when the water tank fails?
This week's question comes from Anonymous: My tenant (from 2016 to 2020) has made a Tribunal application against me. She is claiming, among other things, reimbursement of water rates due to the roof and gutters not being cleaned rendering the water tank unusable. Is that a valid claim? Without further information, we assume the following: That the property has both reticulated water... read moreRecent Posts
- Bond - it is the tenant’s money
- 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
Tags
speculator property maintenance investor HSWA housing bubble meth contamination CCC initio tenant market rent commerce commission property termination Standards New Zealand Question and answer scotney williams wealth creation relationship opes partners landlord heater off the plan damage Kris Pedersen Mortgages and Insurance financial advisers act Property (Relationships) Act anz brightline HHS sublease DTI rental wof Tribunal case study wins insurance robert kiyosaki airbnb property apprentice personal growth buyer's agent Level 4 covid-19 HHGA shower dome rtaa2020 letting capital gain Market report meth How to barfoot and thompson short-term rental advice CoreLogic re agent management insulation beginner investor ring-fencing house prices TCIT market mindset trespass tax Holler rta renovation Landlording building RTAA 2019 letting fee equity Must knows productivity ventilation reserve bank auckland council cat cgt interest rates structure election2020 first home buying trademe development ird Editor's Choice anti-social behaviour Must know LIM RBNZ legal ocr boarding house Jeff Bezos property cycle Case study warm up new zealand quiet enjoyment heating finance will property management parry v inglis holiday house twg report positive cash flow water bill retaliatory notice winz income debt enforcement p lab Guest blog asbestos partners smoke alarm watercare buying tenancy issues ask an expert recycling equity television buying rules rent minor dwelling tenancy tribunal housing affordability return education rta reform auckland mortgage maintenance Sponsored post clnz trust rent arrears lvr banking rental market election 2017 principal and interest worksafe gluckman report khh sale and purchas bankruptcy unitary plan investment strategy sale and purchase rent increase bond data security tenancy services Investment tip cash-flow property value nzpif Gluckman Q&A fixed-term tenancy shortland chartered accountants yield business kiwibuild warren buffett interest only negotiation inspection Investor story bad tenant extractor fan bond form privacy subdivision early termination skill shortage government
- advice (12)
- airbnb (4)
- anti-social behaviour (1)
- anz (4)
- asbestos (2)
- ask an expert (11)
- auckland (9)
- auckland council (6)
- bad tenant (2)
- banking (3)
- bankruptcy (1)
- barfoot and thompson (1)
- beginner investor (6)
- boarding house (1)
- bond (2)
- bond form (1)
- brightline (1)
- building (9)
- business (1)
- buyer's agent (1)
- buying (1)
- buying rules (1)
- capital gain (3)
- Case study (3)
- cash-flow (3)
- cat (1)
- CCC (2)
- cgt (2)
- clnz (6)
- commerce commission (1)
- CoreLogic (3)
- covid-19 (14)
- damage (3)
- data security (1)
- debt enforcement (2)
- development (5)
- DTI (2)
- early termination (1)
- Editor's Choice (28)
- education (2)
- election 2017 (1)
- election2020 (1)
- equity (1)
- extractor fan (1)
- finance (28)
- financial advisers act (1)
- first home buying (8)
- fixed-term tenancy (3)
- Gluckman (1)
- gluckman report (1)
- government (10)
- Guest blog (36)
- heater (3)
- heating (9)
- HHGA (6)
- HHS (18)
- holiday house (1)
- Holler (10)
- house prices (8)
- housing affordability (11)
- housing bubble (7)
- How to (37)
- HSWA (5)
- income (2)
- initio (2)
- inspection (2)
- insulation (12)
- insurance (9)
- interest only (1)
- interest rates (9)
- investment strategy (24)
- Investment tip (22)
- investor (43)
- Investor story (5)
- ird (1)
- Jeff Bezos (1)
- khh (2)
- kiwibuild (1)
- Kris Pedersen Mortgages and Insurance (10)
- landlord (83)
- Landlording (57)
- legal (5)
- letting (1)
- letting fee (2)
- Level 4 (2)
- LIM (2)
- lvr (7)
- maintenance (2)
- management (15)
- market (5)
- market rent (3)
- Market report (2)
- meth (5)
- meth contamination (7)
- mindset (1)
- minor dwelling (3)
- mortgage (6)
- Must know (43)
- Must knows (33)
- negotiation (2)
- nzpif (6)
- ocr (5)
- off the plan (1)
- opes partners (1)
- p lab (8)
- parry v inglis (2)
- partners (1)
- personal growth (4)
- positive cash flow (1)
- principal and interest (1)
- privacy (3)
- productivity (1)
- property (20)
- Property (Relationships) Act (1)
- property apprentice (1)
- property cycle (2)
- property maintenance (7)
- property management (22)
- property value (13)
- Q&A (73)
- Question and answer (70)
- quiet enjoyment (1)
- RBNZ (1)
- re agent (1)
- recycling equity (1)
- relationship (2)
- renovation (7)
- rent (8)
- rent arrears (6)
- rent increase (1)
- rental market (4)
- rental wof (1)
- reserve bank (11)
- retaliatory notice (1)
- return (3)
- ring-fencing (7)
- robert kiyosaki (1)
- rta (47)
- rta reform (2)
- RTAA 2019 (6)
- rtaa2020 (3)
- sale and purchas (1)
- sale and purchase (2)
- scotney williams (7)
- shortland chartered accountants (1)
- short-term rental (1)
- shower dome (1)
- skill shortage (1)
- smoke alarm (1)
- speculator (3)
- Sponsored post (14)
- Standards New Zealand (2)
- structure (1)
- subdivision (2)
- sublease (1)
- tax (12)
- TCIT (2)
- television (1)
- tenancy issues (81)
- tenancy services (7)
- tenancy tribunal (34)
- tenant (55)
- termination (8)
- trademe (1)
- trespass (1)
- Tribunal case study (6)
- trust (2)
- twg report (1)
- unitary plan (1)
- ventilation (2)
- warm up new zealand (1)
- warren buffett (3)
- water bill (6)
- watercare (7)
- wealth creation (2)
- will (1)
- wins (1)
- winz (1)
- worksafe (1)
- yield (1)
