10-Feb-2021
APIA Blog
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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... read more26-Jan-2021
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 more19-Jan-2021
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... read more17-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 more28-Aug-2020
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... read more02-Aug-2020
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... read more02-Jul-2020
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... read more25-Jun-2020
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 ... read more17-Mar-2020
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... read moreRecent Posts
- Maximum occupancy - don’t sit on your rights
- Landlords would do well not to underestimate the RTA
- 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
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