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Ending an unsigned FT extension early

This week's question comes from Kowie S: We had a fixed-term tenancy from the end 2019- end 2020. Our landlords reached out close to the expiry date and offered us a 1-year extension via email. We responded by stating we would be happy to extend and asked that they would let us know when we can discuss and sign the contract. They replied by saying no need to sign, they will just change the...
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{{name}} - APIA Auckland Property Investors

What is a tenancy?

Rent is a key pillar to support a claim of a residential tenancy. It is never super nice to see family disputes play out in the public domain. The venerable Miss Manners will likely scold us for even taking a second look. In saying that, a second look is exactly what is warranted for Wallath v Wallath [2021] NZTT 4272191 on this platform seeing that it explores the meaning of a (r...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

Tenant requesting permission to occupy after termination

This week's question comes from Maggie: I issued a 90-day notice for termination on 5th November. The tenants have asked if they can stay longer as they can’t find a home. I still want to terminate but am flexible with the date of exit. I gave notice in this instance as these are not tenants I want once the RTAA2020 termination rules come into effect. What’s my position if I allow them to ...
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{{name}} - APIA Auckland Property Investors

RTAA2020 - the thereafter

Now that the Residential Tenancies Amendment Act 2020 has been passed and is set to be fully implemented by 11 February 2021, we speak to seasoned property manager Katrina O'Connor from Barfoot & Thompson Manurewa about how the renting industry is responding to and adapting to the new law. Q. The RTAA 2020 is said to have dramatically increased the risk of landlording in New Zealand. Wh...
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{{name}} - APIA Auckland Property Investors

Raewyn Stanaway: How to 'winter-proof' your tenancy

The last thing any landlord wants is their tenant moving out in the middle of winter because they find the property cold or damp. Your chances of re renting a cold property quickly at that time of year will be very difficult. Warm and comfortable homes are more appealing and will attract and keep good long term tenants. You will be aware of the Healthy Homes Standards that became law on 1...
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{{name}} - APIA Auckland Property Investors

COVID-19 termination rules recap & a reminder for would-be vendors

As investors grapple with the economic effects of COVID-19, some may consider deleveraging by selling off a few under-performing properties. If these properties have tenants in situ then it is advisable for would-be vendors to be well aware of the new tenancy termination rules and plan well in advance. Tenancy termination during COVID-19 We specifically refer to the rules und...
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{{name}} - APIA Auckland Property Investors

Peter Lewis: On tenancy disputes

Tenant advocates frequently claim that private-sector residential tenants are powerless pawns in the hands of greedy and uncaring landlords. They claim that when a tenant makes a request for their landlord to fix something on the property that they are entitled to have fixed, the landlord either ignores them or terminates the tenancy in retaliation. Some tenants have highlighted their...
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{{name}} - APIA Auckland Property Investors

How to deal with your tenants break up?

Sometimes, tenants who jointly sign a tenancy agreement may decide to part ways. When that happens, you would expect at least one of the two to move out of the renta. If one tenant chooses to stay on, how do you handle the tenancy? You have two options: In the case of either a fixed term or periodic tenancy: It is on the exiting tenant to obtain a written agreement signed ...
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{{name}} - APIA Auckland Property Investors

Rumour has it...

Landlords are, understandably, feeling vindicated and excited about the RTAA 2019 which now makes tenants liable (up to a certain extent) for carelessly damaging the property. But Parliament being Parliament, its legislative language leaves much to be desired. It should come as no surprise then that various hot-takes arrived at different conclusions as to exactly how will the tenants be ...
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