Q&A

{{name}} - APIA Auckland Property Investors
Thursday, October 22, 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... read more
{{name}} - APIA Auckland Property Investors
Monday, October 12, 2020

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 bo... read more
{{name}} - APIA Auckland Property Investors
Friday, October 09, 2020

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 a... read more
{{name}} - APIA Auckland Property Investors
Friday, October 09, 2020

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 standar... read more
{{name}} - APIA Auckland Property Investors
Tuesday, September 29, 2020

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 trad... read more
{{name}} - APIA Auckland Property Investors
Thursday, September 24, 2020

All for the kids

  This week's question comes from long-time APIA member Hari K and the answer is kindly provided by Kristine King of DK Law. The answer is intended to be for general information only and not legal advice.  If the rental properties are held by a trust with the parents being trustees, what is the best way to ensure that all the children get equal shares of the portfolio after the p... read more
{{name}} - APIA Auckland Property Investors
Wednesday, September 02, 2020

HHS: Can landlords self-inspect?

  Question from Mark:  Can landlords complete our own HHS inspection? My property manager says only third party inspectors can.  Legally there is no restriction on who can or cannot inspect the current level of HHS compliance at a rental property. Landlords can certainly self-inspect and many do.  However, some property management companies, for very good reasons (busi... read more
{{name}} - APIA Auckland Property Investors
Monday, August 10, 2020

Can I ask if a tenant has ever stayed at the Women's Refuge?

  Question from Ann:  Can I ask a tenant applicant whether he/she has ever stayed at the Women's Refuge? No. We see this as contravening privacy principle 1 of the Privacy Act being that the only personal information a landlord can collect during the application stage has to be information that is necessary for the landlord to determine whether to grant to or withhold the tenanc... read more
{{name}} - APIA Auckland Property Investors
Thursday, July 02, 2020

218-1 reasons for termination

 This week's question comes from Kam re termination under 218-1 (paraphrased):  If the Residential Tenancies Amendment Bill becomes law, would landlords be able to terminate a tenancy in order to renovate the property or to put the property on the market?  Conditional yes in both instances.  In the case of property renovation, a 90-day notice can be issued per (s32(2)(... read more
{{name}} - APIA Auckland Property Investors
Thursday, June 25, 2020

Heat pumps in apartments?

  Question from Andrew:    As an apartment owner I own the interior of the apartment envelope, the carpark (if I have one) and mail box but the common areas and exterior cladding is owned, managed and maintained by the Body Corporate. The way I read clause 3 below as most, if not all owners of apartments won’t own the exterior cladding (owned by the Body Corporate) this gives an... read more
CoreLogic
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