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{{name}} - APIA Auckland Property Investors

Ending an unsigned FT extension early

This week's question comes from Kowie S: We had a fixed-term tenancy from the end 2019- end 2020. Our landlords reached out close to the expiry date and offered us a 1-year extension via email. We responded by stating we would be happy to extend and asked that they would let us know when we can discuss and sign the contract. They replied by saying no need to sign, they will just change the...
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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

Hard for you but su*ks for me

An example of how the Tenancy Tribunal weighs up a landlord’s and a tenant’s respective hardship in determining the merits of an application for early termination (of a fixed-term tenancy) RE: Ayaz v Rentex Ltd [2020] NZTT North Shore 4278514 Facts The tenant and his family moved to New Zealand in May 2020 and took out a one-year fixed-term tenancy from 20th June 2020 to 18th ...
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{{name}} - APIA Auckland Property Investors

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...
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