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APIA Blog

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25-Sep-2019

Can the OPC smack landlords?

This week's question comes from Thomas (paraphrased): What are the legal effects (if any) of the OPC's guidelines for landlords and what enforcement power does the OPC have? You will recall that over the course of the last few months, the Office of the Privacy Commissioner published, took back and republished its Guidance for landlords and tenants. The latest version (with th... read more

Landlording

20-Sep-2019

You want to test for meth but your tenant says 'No'

Landlords can now enter onto the property* to test for meth contamination. The latest amendment to the Residential Tenancies Act gives landlords the right to enter onto the property to test for meth contamination provided that the following s48(ba) conditions are met: That a minimum of 48 hours and a maximum of 14 days notice has been given to the tenant advising the reason for ent... read more

Q&A

12-Sep-2019

OCR predictions - should they be taken seriously?

This week's question comes from Pat (paraphrased): The Internet is riddled with OCR predictions. Every commentator sounds just as learned and trustworthy as the next. How seriously should property investors take these predictions? To answer this question, we've turned to Ryan Smuts from Kris Pedersen Mortgages & Insurance. Ryan, take it away! 'While ... read more

Guest blog

02-Sep-2019

Peter Lewis: How much is too much?

Recently we have had a friend call us. She lives in Melbourne but has a rental property in West Auckland. The tenant has just moved out, so the friend had come over to Auckland for a week to see how it was all going. She asked for me to go with her to visit the now-vacant property, carry out a full property inspection, and see what would need to be done to keep the place complian... read more

Landlording

29-Aug-2019

Rumour has it...

Landlords are, understandably, feeling vindicated and excited about the RTAA 2019 which now makes tenants liable (up to a certain extent) for carelessly damaging the property. But Parliament being Parliament, its legislative language leaves much to be desired. It should come as no surprise then that various hot-takes arrived at different conclusions as to exactly how will the tenants be ... read more

Ryan Smuts: What investors need to know about the recent OCR cut

The OCR has been cut recently by 0.5% - a lot higher than many economists were initially expecting. What might this mean for the borrower? Over the last fortnight, we at the Kris Pedersen Mortgages team have seen some key effects come into play: across the market floating rates have dropped and in many cases, as much as 0.5%. Lenders like ASB for example took their floating rate down f... read more

Q&A

22-Aug-2019

Is the RTAA insurance disclosure a step too far?

This week's question comes from Sue: I have just been advised that with the changes to the Residential Tenancy Act my property manager needs to file my insurance policy pertaining to our rental and the amount of excess and supply both to our tenant on request. Do you have an opinion on supplying such information to a tenant? I understand it has become law, but it seems like a gr... read more

Must know

15-Aug-2019

RTAA 2019 - a partial reversal of Holler

The Residential Tenancies Amendment Bill (No 2) received its Royal Assent on 30th July 2019 bringing about significant changes for landlords to pay attention to. One such change concerns careless damages caused by tenants at rental properties. Note that this commentary relates only to careless damages caused by tenants at rental properties. 1. Background Prior to 2... read more

Q&A

11-Jun-2019

Hardwired smoke alarms at rental properties

This week's question comes from Zosie (paraphrased): Is there a law governing smoke alarms that are wired into house alarms? Who is authorised to check that these alarms are in working order and how often do they need to check it? In answering Zosie's question, we will be speaking specifically about residential tenancy setting aside any issues relating to building, ... read more

Q&A

06-Jun-2019

Extending fix-term tenancies

This week's question comes from John (paraphrased): What notice, if any, is required to extend a fixed-term tenancy? There are a couple of ways to keep a tenancy live, so to speak, at the end of a fixed-term agreement. Option 1: The tenancy continues as a periodic tenancy at the end of the fixed-term. Any fixed-term tenancy that is longer than 90-days automatica... read more

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