17-Nov-2020
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22-Oct-2020
Affidavits and witness testimony necessary to substantiate an anti-social behaviour claim
RE early termination for severe hardship on account of the tenant’s persistent anti-social behaviour Landlords should not presume to be able to rely on letters or unsworn statements to substantiate an anti-social claim. Background in brief The tenancy in question is a single occupant fixed term tenancy at an Auckland CBD apartment. The building is controlled by a body corporate and employ... read more
13-Oct-2020
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
07-Nov-2019
Stephen Hegh: Methamphetamine – where are we now?
The 2019 Residential Tenancies Amendment Act (RTAA) moved things forward… a bit. Landlords can now access the property to test for meth contamination. But the elephant in the room remains: what is the acceptable maximum level of meth presence at a rental property? Standards New Zealand says it is 1.5µg/100cm2, Sir Peter Gluckman says 15µg/100cm2, The Residential Tenancies ... read more
10-Apr-2019
Reasonable compensation for early termination
Concerning Hood, Angela Julie vs First National Marlborough Limited [2019] NZTT Blenheim 4180394 The issue What can a landlord reasonably recover from a tenant for terminating a fixed-term tenancy early? The facts - The fixed-term tenancy between the two parties was reduced and terminated early at an earlier hearing by an interim order (presumably under s66(1) of the RTA). - Th... read more
02-Apr-2019
Osaki protection not afforded to Airbnb tenants
Concerning Tobin, Jackie vs CHEN, JIANQING [2019] NZTT Auckland 4172141 The issue Whether tenants are afforded the Osaki protection for damages caused by Airbnb sub-tenants? The facts - Mr Chen rented two apartments from Ms Tobin for a period of time until 21 October 2018. - Mr Chen had never occupied either property and instead, on-leased both as Airbnb rentals with the knowledge and ... read more
26-Jul-2018
A broken heater lead to a $2250 fine
By now, APIA landlords should be well aware of the 1947 Housing Improvement Regulations (HIR) and how it relates to s45 of the Residential Tenancies Act. The Tribunal, historically, has certainly not shied away from enforcing elements of the HIR especially as it relates to dampness. Increasingly, however, we are seeing it being relied on in decisions pertaining to deficient heating. For... read more
19-Mar-2018
Peter Lewis: Progress on The Methamphetamine Contamination Issue
After considerable discussion and input from a number of interested parties including the Property Investors Federation, the New Zealand Standard NZS 8510:2017 on the testing and decontamination of methamphetamine contaminated properties was released in August last year. Most landlords want to provide properties that are safe and secure for their tenants, but are naturally also concerne... read more
09-Jan-2018
What does it take for your rental to be 'safe and healthy'?
Most of us are fully aware that one of the hallmark obligations of being a landlord is to provide our tenants with a safe and healthy home. However, there isn't a lot of instructive authority beyond the wordings of s45 of the Residential Tenancies Act. Amongst other things, s45 requires landlords to: ... (b) provide and maintain the premises in a reasonable state of repair having re... read more
12-Dec-2017
Failure to lodge bond is no joke
54 Tribunal orders amounting to $38,713.76 in exemplary damages and costs against an Invercargill landlord are reasons enough for all of us refresh our understanding of landlords’ bond duties. After an exhaustive investigation by the Tenancy Compliance and Investigations Team, the Chief Executive of the Ministry of Business Innovation and Employment brought 54 Tribunal applications ... read moreRecent Posts
- Ryan Smuts: Can you still get a mortgage after filing for bankruptcy?
- Debbie Roberts: My top tips for late starters
- Termination invalidated by a mere diary entry
- Raewyn Stanaway: Residential property investing - new builds vs existing
- Tenant requesting permission to occupy after termination
- Affidavits and witness testimony necessary to substantiate an anti-social behaviour claim
- Don't take legal advice from RE agents
- Claiming meth testing cost from the tenant
- Can tenant be reimbursed for piped water when the water tank fails?
- Can HHS ventilation ducting be merged?
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