11-Mar-2021
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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 more22-Oct-2020
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 ... read more15-Sep-2020
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... read more23-Jun-2020
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... read more19-May-2020
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... read more07-Oct-2019
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... read more27-Sep-2019
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 ... read more29-Aug-2019
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 ... read more15-Aug-2019
RTAA 2019 - a partial reversal of Holler
The Residential Tenancies Amendment Bill (No 2) received its Royal Assent on 30th July 2019 bringing about significant changes for landlords to pay attention to. One such change concerns careless damages caused by tenants at rental properties. Note that this commentary relates only to careless damages caused by tenants at rental properties. 1. Background Prior to 2... read moreRecent Posts
- Privacy and renting - a brain dump for landlords
- Monique Oosterbaan: What I get out of my APIA membership
- Therese Bisquera: What I get out of my APIA Membership
- What is a tenancy?
- An open letter to APIA members
- 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
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