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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

Ending a fixed-term tenancy to sell

This week's question comes from Rob (paraphrased): I want to sell a property that is currently subject to a fixed-term tenancy (term expiring 22nd February 2021). I need some downtime between the tenancy and the listing to tidy up the property. In light of the RTAA, what notice should I give to terminate the tenancy? Also, for the first time, the tenant had missed a rent payment, if I give...
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{{name}} - APIA Auckland Property Investors

How much to increase rent by in response to RTAA 2020

This week's question comes from Joss: What rent premiums are landlords typically applying to addressed increased risks associated with the Residential Tenancies Amendment Act 2020? Without a doubt, certain provisions of the Residential Tenancies Amendment Act 2020 (RTAA 2020) shift the balance of risk and reward against landlords. Anecdotally many of our members have indicated that th...
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{{name}} - APIA Auckland Property Investors

What's my HHS compliance date?

This week's question comes from Cliff: My property is not yet fully HHS compliant, how should I fill in the compliance date on the HHS Compliance Statement? Actually, we expect this to be a common situation many landlords find themselves in. There are several deadlines for the Healthy Homes Standards (HHS) between now and July 2024. While the HHS Compliance Statement is now compu...
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{{name}} - APIA Auckland Property Investors

Brightline application for 'private transfer' of inherited properties

This week's question comes from Irene B and the answer is kindly provided by Amanda Watt of Shortland Chartered Accountants. The answer is intended to be for general information only and not tax advice. We inherited a residential property which was also in a Company ( we inherited the company). After a time we sold this property from the company to a trust. The only two directors of...
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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

Can tenant be reimbursed for piped water when the water tank fails?

This week's question comes from Anonymous: My tenant (from 2016 to 2020) has made a Tribunal application against me. She is claiming, among other things, reimbursement of water rates due to the roof and gutters not being cleaned rendering the water tank unusable. Is that a valid claim? Without further information, we assume the following: That the property has both reticulated water...
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{{name}} - APIA Auckland Property Investors

Can HHS ventilation ducting be merged?

This week's question comes from Lara: My rental has a bathroom right next to the kitchen. Can the ducting of the bathroom extractor and kitchen extractor be joined and vented out of the house together for HHS ventilation purposes? Yes, so long as both extractor fans meet the size/capacity requirement (i.e. >150 mm diameter/exhaust capacity > 50 litres per second for anything ins...
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{{name}} - APIA Auckland Property Investors

HHS heating to be installed right now?

Question from Janak: Do I have to provide heat pumps right now before a property manager can rent out my unit? My property manager says heat pumps are needed before they can advertise and rent out the property. Your question goes to how the compliance deadline interacts with the terms of your management authority: All private rentals must comply with the heating standard within 90 day...
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{{name}} - APIA Auckland Property Investors

Is GST payable on all the properties held by a trading entity?

This week's question comes from long-time APIA member Mary M and the answer is kindly provided by Amanda Watt of Shortland Chartered Accountants. The answer is intended to be for general information only and not tax advice. We have a GST registered property entity set up initially for trading. If that entity is holding more than one property and not all of them are for trading, do we...
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