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{{name}} - APIA Auckland Property Investors

Maximum occupancy - don’t sit on your rights

Knowledge or acquiescence of a tenant exceeding maximum occupancy could invalidate a subsequent claim for exemplary damage. RE: Driskel v Zoetebier [2021] NZTT Hutt Valley 4271298, 4277832 This is a claim and counterclaim hearing that covers a number of issues in connection to the tenancy. For the purpose of this discussion, we will be addressing the breach of maximum occupancy limit ex...
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{{name}} - APIA Auckland Property Investors

Landlords would do well not to underestimate the RTA

Mainstream commentary on the Residential Tenancies Amendment Act 2020 (RTAA 2020) is grossly preoccupied with the removal of the 90-day no-fault termination notice. At times, it even exaggerates the (detrimental) consequences landlords will be made to suffer post 11 February seeing as the proverbial rug is about to be pulled out from under us. We disagree and offer this reframe - That...
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{{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...
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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

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

Trust beneficiary's ability to move into the rental property remains up in the air

A common question that has been circulating in the lead-up to the Residential Tenancies Amendment Act 2020 coming into effect: Whether a tenancy at a trust-owned rental property can be terminated under s 51(1)(a)? The current s51(1)(a) requires the landlord to give a 42-day notice to terminate if the owner or any member of the owners' family intend to move into the property as a principa...
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{{name}} - APIA Auckland Property Investors

You are about to be robbed. Put a stop to it.

After failing to pass The Residential Tenancies Amendment Bill through the standard legislative process, Hon Chris Hipkins, Leader of the House, made the extraordinary announcement last week that he would move to pass this bill into law under urgency on Tuesday 4th August just before the 52nd Parliament dissolves. This is a widely unpopular bill. 82% of New Zealanders opposes its sig...
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{{name}} - APIA Auckland Property Investors

218-1 reasons for termination

This week's question comes from Kam re termination under 218-1 (paraphrased): If the Residential Tenancies Amendment Bill becomes law, would landlords be able to terminate a tenancy in order to renovate the property or to put the property on the market? Conditional yes in both instances. In the case of property renovation, a 90-day notice can be issued per (s32(2)(f) if the work i...
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{{name}} - APIA Auckland Property Investors

218-1 Delayed: A stay, not a pardon

An update on 218-1 The Residential Tenancies Amendment Bill: the deadline for the Social Services and Community Select Committee to report back to Parliament has been pushed out from late June to 13th July. We look at what this means for landlords and where to from here in terms of our collective lobbying efforts. Background On the first week of the lockdown, the Ministry of ...
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{{name}} - APIA Auckland Property Investors

Say NO! to 218-1

218-1 The Residential Tenancies Amendment Bill proposes to introduce sweeping changes that will, in our view, significantly impact the business of landlording. In fact, according to the REINZ, 82% of New Zealanders oppose the Bill's signature proposal to abolish the landlord's ability to terminate a tenancy with a 90-day notice. The public has until 25th of March 2020 to submit again...
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