10-Feb-2021
APIA Blog
RSS Feed
26-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 more
19-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 more
11-Jan-2021
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
16-Dec-2020
Hard for you but su*ks for me
An example of how the Tenancy Tribunal weighs up a landlord’s and a tenant’s respective hardship in determining the merits of an application for early termination (of a fixed-term tenancy) RE: Ayaz v Rentex Ltd [2020] NZTT North Shore 4278514 Facts The tenant and his family moved to New Zealand in May 2020 and took out a one-year fixed-term tenancy from 20th June 2020 to 18th ... read more
14-Dec-2020
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
09-Dec-2020
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
17-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 more
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 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
Tags
first home buying scotney williams productivity housing affordability yield property maintenance quiet enjoyment rent equity bond sale and purchase How to damage legal landlord Investor story LIM covid-19 cat ocr data security business positive cash flow interest only termination meth contamination gluckman report tax TCIT banking worksafe insulation HHGA buying rules principal and interest shower dome finance auckland council initio tenant commerce commission rental market sublease Holler rta CCC mortgage asbestos meth capital gain renovation Landlording speculator Level 4 trademe ventilation structure Market report Question and answer letting fee ring-fencing beginner investor property apprentice bankruptcy unitary plan Sponsored post insurance television brightline wins financial advisers act barfoot and thompson Tribunal case study warm up new zealand will auckland nzpif property cycle minor dwelling short-term rental wealth creation Editor's Choice water bill Standards New Zealand HSWA investor p lab Must know election2020 bad tenant inspection recycling equity investment strategy tenancy services re agent DTI smoke alarm anz off the plan skill shortage CoreLogic opes partners management Property (Relationships) Act rtaa2020 housing bubble boarding house trespass relationship warren buffett Case study Jeff Bezos RTAA 2019 development rent increase winz robert kiyosaki Investment tip khh heater heating bond form market rent letting Guest blog mindset reserve bank return election 2017 tenancy issues interest rates watercare Kris Pedersen Mortgages and Insurance market income trust cash-flow rent arrears house prices HHS Must knows advice lvr property early termination education debt enforcement parry v inglis maintenance kiwibuild property management privacy building fixed-term tenancy negotiation holiday house airbnb RBNZ tenancy tribunal personal growth rental wof extractor fan sale and purchas buyer's agent shortland chartered accountants retaliatory notice anti-social behaviour ird property value cgt Gluckman government partners subdivision ask an expert Q&A twg report rta reform buying clnz
- advice (12)
- airbnb (4)
- anti-social behaviour (1)
- anz (4)
- asbestos (2)
- ask an expert (11)
- auckland (9)
- auckland council (6)
- bad tenant (2)
- banking (3)
- bankruptcy (1)
- barfoot and thompson (1)
- beginner investor (6)
- boarding house (1)
- bond (2)
- bond form (1)
- brightline (1)
- building (9)
- business (1)
- buyer's agent (1)
- buying (1)
- buying rules (1)
- capital gain (3)
- Case study (3)
- cash-flow (3)
- cat (1)
- CCC (2)
- cgt (2)
- clnz (6)
- commerce commission (1)
- CoreLogic (3)
- covid-19 (14)
- damage (3)
- data security (1)
- debt enforcement (2)
- development (5)
- DTI (2)
- early termination (1)
- Editor's Choice (28)
- education (2)
- election 2017 (1)
- election2020 (1)
- equity (1)
- extractor fan (1)
- finance (28)
- financial advisers act (1)
- first home buying (8)
- fixed-term tenancy (3)
- Gluckman (1)
- gluckman report (1)
- government (10)
- Guest blog (36)
- heater (3)
- heating (9)
- HHGA (6)
- HHS (18)
- holiday house (1)
- Holler (10)
- house prices (8)
- housing affordability (11)
- housing bubble (7)
- How to (37)
- HSWA (5)
- income (2)
- initio (2)
- inspection (2)
- insulation (12)
- insurance (9)
- interest only (1)
- interest rates (9)
- investment strategy (24)
- Investment tip (22)
- investor (43)
- Investor story (5)
- ird (1)
- Jeff Bezos (1)
- khh (2)
- kiwibuild (1)
- Kris Pedersen Mortgages and Insurance (10)
- landlord (85)
- Landlording (58)
- legal (5)
- letting (1)
- letting fee (2)
- Level 4 (2)
- LIM (2)
- lvr (7)
- maintenance (2)
- management (15)
- market (5)
- market rent (3)
- Market report (2)
- meth (5)
- meth contamination (7)
- mindset (1)
- minor dwelling (3)
- mortgage (6)
- Must know (43)
- Must knows (33)
- negotiation (2)
- nzpif (6)
- ocr (5)
- off the plan (1)
- opes partners (1)
- p lab (8)
- parry v inglis (2)
- partners (1)
- personal growth (4)
- positive cash flow (1)
- principal and interest (1)
- privacy (3)
- productivity (1)
- property (20)
- Property (Relationships) Act (1)
- property apprentice (1)
- property cycle (2)
- property maintenance (7)
- property management (22)
- property value (13)
- Q&A (73)
- Question and answer (70)
- quiet enjoyment (1)
- RBNZ (1)
- re agent (1)
- recycling equity (1)
- relationship (2)
- renovation (7)
- rent (8)
- rent arrears (6)
- rent increase (1)
- rental market (4)
- rental wof (1)
- reserve bank (11)
- retaliatory notice (1)
- return (3)
- ring-fencing (7)
- robert kiyosaki (1)
- rta (49)
- rta reform (2)
- RTAA 2019 (6)
- rtaa2020 (4)
- sale and purchas (1)
- sale and purchase (2)
- scotney williams (7)
- shortland chartered accountants (1)
- short-term rental (1)
- shower dome (1)
- skill shortage (1)
- smoke alarm (1)
- speculator (3)
- Sponsored post (14)
- Standards New Zealand (2)
- structure (1)
- subdivision (2)
- sublease (1)
- tax (12)
- TCIT (2)
- television (1)
- tenancy issues (81)
- tenancy services (7)
- tenancy tribunal (35)
- tenant (55)
- termination (8)
- trademe (1)
- trespass (1)
- Tribunal case study (7)
- trust (2)
- twg report (1)
- unitary plan (1)
- ventilation (2)
- warm up new zealand (1)
- warren buffett (3)
- water bill (6)
- watercare (7)
- wealth creation (2)
- will (1)
- wins (1)
- winz (1)
- worksafe (1)
- yield (1)
