APIA Blog

RSS Feed

{{name}} - APIA Auckland Property Investors

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

Cause and consequence are two different things

Landlords seeking compensation for damages caused by tenants should take care to prove the cause, not just the consequences, of the damage as VNG RENTALS LIMITED vs Xu [2020] NZTT Auckland 4269426 demonstrates. Facts On or about 2 May 2020, the bathroom of the apartment flooded. Water leaked into the adjoining apartment resulting in an approx $4.5K damage. In an email to the ... read more
{{name}} - APIA Auckland Property Investors

Rent increase after substantial work: not a case of $1-in-$1-out

From time to time, investors almost flippantly assume that any expenses incurred improving the property can be directly recouped from the tenant by way of rent increase on a $1-in-$1-out basis. Monarch Realty Ltd v Alchin-Boller [2020] NZTT Hamilton 4277248 is a reminder that this is not the case. At least not quite. Facts The landlord sought the tenant’s consent to increase th... read more
{{name}} - APIA Auckland Property Investors

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
{{name}} - APIA Auckland Property Investors

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
{{name}} - APIA Auckland Property Investors

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
{{name}} - APIA Auckland Property Investors

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
{{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... read more
{{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... read more

Recent Posts


Tags

rta reform Property (Relationships) Act rent Guest blog Sponsored post shower dome re agent covid-19 property value barfoot and thompson Level 4 will property maintenance Must know off the plan relationship asbestos rent arrears trespass positive cash flow commerce commission Q&A parry v inglis initio brightline legal damage TCIT Holler building shortland chartered accountants HHS capital gain HHGA heater property cycle Tribunal case study How to Gluckman HSWA clnz Editor's Choice mortgage watercare interest only first home buying heating television CCC RTAA 2019 wins property apprentice RBNZ renovation equity mindset structure skill shortage kiwibuild robert kiyosaki market rent cat extractor fan khh partners bad tenant bond form investor market ventilation ask an expert beginner investor meth contamination letting fee twg report tenancy tribunal meth interest rates sale and purchas bankruptcy government Standards New Zealand housing affordability election2020 boarding house fixed-term tenancy development minor dwelling Investor story holiday house lvr yield buying bond Kris Pedersen Mortgages and Insurance winz p lab inspection ring-fencing productivity gluckman report water bill early termination recycling equity buyer's agent income warren buffett management insurance anti-social behaviour LIM DTI rent increase rtaa2020 nzpif speculator landlord Question and answer Jeff Bezos advice unitary plan education trademe CoreLogic tenancy services finance debt enforcement anz principal and interest buying rules scotney williams tenancy issues worksafe auckland council sale and purchase quiet enjoyment property management insulation property negotiation investment strategy Case study rental wof tax trust Must knows cash-flow Landlording smoke alarm housing bubble airbnb Investment tip cgt return ocr financial advisers act retaliatory notice letting warm up new zealand rta banking auckland personal growth rental market tenant data security short-term rental reserve bank wealth creation sublease opes partners business election 2017 termination house prices privacy maintenance subdivision Market report ird

Archive

Introducing Our Partners
Principal Sponsor - Kris Pedersen Mortgages & Insurance logo Gold Sponsor - Barfoot & Thompson logo Gold Sponsor - CoreLogic logo Property Apprentice logo The Insulation Warehouse logo The Renovation Team logo The New Zealand Property Investors' Federation logo
09 360 2376
info@apia.org.nz

The Tenancy Practice Service and TPS Credit Control work closely with the Auckland Property Investors' Association. Our vision of bringing helpful resources, documents and high quality services to Auckland Property Investors and Property Managers is shared by APIA, so its a partnership that works well. 

The Auckland Property Investors' Association is a great organisation for those who want access to advice and information from a range of industry experts and partners. 



Mathieu Holt- Managing Director, The Tenancy Practice Service & TPS Credit Control
Through the Association I found the channels and methods to fund the purchase of property I never dreamed about. Grant Brown

All round it has been one of those things Neil and I felt was really worthwhile belonging to. We have learned so much it has just built our confidence in what we are doing.

Janice Bieleski
I read two articles in the monthly magazine that saved me over $5,000. That is my membership fee for the next 26 years and I am sure I will learn a whole lot more! John Duncan
Fantastic organisation. The networking opportunities are brilliant and provide us with information and opportunities that cannot be obtained anywhere else. We learn something new at every meeting and we've been in this game for nearly 20 years. Pauline and Gyanen Kumar

I find the information obtained from various APIA meetings very useful in guiding my own property investment and rental management.  I also enjoy the networking opportunities with like-minded investors.  I am inspired by other investors’ success and find the more experiences and knowledge that I share with others, the more confident I become.  

Thanks to all APIA event organizers and administrators for your brilliant work. 

Stella Shao

I like talking to people and learning from their experience because it gives me the confidence to invest well. I think it is a knowledge thing. I now know I am doing things the right way.

Stephen Weatherall

My APIA membership has become a total success.

Every time I attend a monthly or regional meeting I come away with so many useful and positive tips that have added value to my property investments and management.

Not only that, the website is a great place for practical advice and useful information. It has now evolved into an important resource for my business.

Talk about value for money! The discounts I have been getting at Bunnings when I present my APIA membership card have more than paid for my annual subscription!

Tim Duffett, Plan A Investments Limited