26-Jul-2018
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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 more
04-Dec-2017
Pre-purchase checks you should never forget about
It is largely accepted that buying a rental is different to buying a home. Investors buy on projected yield and growth making purchasing a rental a somewhat mechanical process (if you repeat it often enough). But what if you are buying a rental and an existing tenancy? Should you broaden your due diligence and look at anything other than the numbers? Take a look at the recent Trib... read more
27-Nov-2017
How to establish a claim at the Tenancy Tribunal?
This week's Tribunal case digest relates to Simpson, Alan Geraint vs K & S Ballantyne Family Trust, JR Kerr Family Trust and other parties. The way the adjudicator sets out the order serves as a lesson for landlords on presenting and asserting your claim at the Tribunal. As our commentary largely relates to process (rather than the application of the Residential Tenancies Act), I wi... read more
21-Nov-2017
Parry reversed - Tribunal activism gone too far?
Considering the tremendous stress Anderson v FM Custodians Ltd has had on the landlord community, Vic Inglis’ successful appeal at the District Court is nothing short than an extraordinary, and much needed, relief. In September this year, Mr. Inglis was ordered by the Tenancy Tribunal (citing Anderson as authority) to refund his former tenant, Natalie Parry, nearly $11,000 of ren... read more
20-Nov-2017
Tenancy adjudicators can spot your crazy a mile off
If ever there was a reminder for landlords to remain collected and evenly keeled, it is Wicjhita Holdings Limited vs Ross, Helena. Boy… what a case. Background Helena Ross’ tenancy from Wicjhita Holdings Limited (“WHL”) was subject to an earlier Tribunal decision which resulted in a termination and money order against the landlord, WHL. Application 4090334 to which this c... read more
05-Nov-2017
Ouch! Absent or defective insulation statement could set you back $500
From 1 July 2016, all new residential tenancy agreements are required to include a signed insulation statement detailing the extent of insulation in the property. At the time of passage, this requirement was seen by many as a bureaucratic intermediary in anticipation of universal insulation by 2019. But if its recent orders are anything to go by, it is apparent that the Tribunal has... read more
31-Oct-2017
Could this be the start to the end of FM Custodian?
The landlord industry has been rocked, in recent months, by the effects of the High Court's decision of Anderson v FM Custodians Ltd [2013] NZHC 2423. Specifically, the case has been cited as authority for tenants to claw back 100% of all rents paid throughout the time of tenancy at the point of dispute. It doesn't take much to acknowledge the gross injustice in most cases wher... read moreRecent Posts
- What is the standard for installing heating at rental properties?
- Tenant's 'shadow' partner - guarantor or joint tenant?
- Shaun Peacock: Building consents - a FAQ
- CGT on own homes?!
- Peter Lewis: What's the use of PhDs when so many of us don't know what to do with a hammer?
- Must I send a copy of the Watercare bill to my tenant?
- Ring-fencing submission FAQs
- Who can receive rent?
- The Government wants to ring-fence rental losses. What can you do about it?
- Can your tenant trespass you from your rental property?
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