15-Sep-2020
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23-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 more
19-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 more
07-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 more
29-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 more
15-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 more
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
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
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 moreRecent Posts
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