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04-Jun-2019

Peter Lewis: Selecting a new tenant

Acquiring a new tenant for a residential rental is always a stressful time, stressful for both those applying for the tenancy and for the landlord. The landlord is generally in the position that he is receiving no rental income from that property, but of course his costs in the form of rates, insurance, and most likely mortgage interest relentlessly continue every day. Thus the lan... read more

Landlording

16-May-2019

HHS Compliance #1: Heating requirements at a glance

Welcome to our Healthy Homes Standards Compliance Series. In light of this week's rollout of the Residential Tenancies (Healthy Homes Standards) Regulations 2019 ("the Regulations"), we will be releasing weekly resources to help landlord comply with these Healthy Homes Standards ("HHS"). There will be a mix of compliance guides, best practice protocols, link pooling, FAQs, video expla... read more

Tribunal case study

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

Tribunal case study

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

Q&A

12-Feb-2019

Can your tenant trespass you from your rental property?

This week's question comes from Barry (paraphrased): An impending termination has gone sour; the tenant is now threatening to issue me with a trespass notice barring me from entering onto the rental property. Can he do that? Our response: The short answer is yes. In general, the rules of trespass is covered by the Trespass Act 1980 ("the Act"). The Act itself protects anyone who lawful... read more

Landlording

01-Feb-2019

Peter Lewis: Insurer's duck-and-dive move can spell disaster for landlords and tenants

The basic principles of property insurance are relatively simple. Let us say that there are 100 houses in a town, and looking back over many years we find each year one of those houses burns down and then must be rebuilt at the owner’s cost. So each owner faces a one-in-a-hundred chance of incurring that expense. Of course, at 1% those odds are reasonably good, but if you are unlucky ... read more

Q&A

24-Jan-2019

Am I running a boarding house?

This week's question comes from Sue (paraphrased): I am renting out a property that has six bedrooms. For the purpose of the Residential Tenancies Act, is it irrefutably a boarding house or can it be a normal residential rental? Our response: To answer this question, we first look at the definitions of both boarding house and boarding house tenancy per the Residential Tenancies Act (... read more

Q&A

12-Dec-2018

What is 'reasonable' post-letting fee?

So, no more letting fees as of today. Our expectation is that most landlords will bear the cost of letting. That said, there are still other costs relating to the assignment of a tenancy that the amendment has stayed silent on. Tenancy Services has put out a statement advising that "landlords and agents can still recover expenses reasonably incurred from a tenant if they wish ... read more

How to

05-Dec-2018

Tips to navigate the post-letting fee world

*Note that for the purpose of this article we will distinguish ‘letting’ from that of ‘property management’ as understood in the New Zealand context. From 12th December, letting fees will be 'abolished'. By now, you should have received communications from your property manager explaining if and how you will be affected. Many have already advised their new fee structures to help th... read more

How to

03-Oct-2018

A landlord's guide to making RTA reform and HHGA submissions (updated)

There are two pieces of law currently in their consultation stages that are simply too important and consequential for landlords to ignore: reform of the Residential Tenancies Act and Healthy Homes Standards. If left to their own devices, these proposals could dramatically shift the landscape of residential tenancy for landlords. Everyone involved in this industry has skin in th... read more

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