APIA Blog

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21-Nov-2017

Parry reversed - Tribunal activism gone too far?

Considering the tremendous stress Anderson v FM Custodians Ltd has had on the landlord community, Vic Inglis’ successful appeal at the District Court is nothing short than an extraordinary, and much needed, relief. In September this year, Mr. Inglis was ordered by the Tenancy Tribunal (citing Anderson as authority) to refund his former tenant, Natalie Parry, nearly $11,000 of ren... read more

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09-Nov-2017

Asbestos - the invisible threat to your property

Asbestos-related illness is the number one cause of death in New Zealand workplaces. For that reason alone, the government will require, from April 2018, for all properties undergoing major renovation to be checked for asbestos. This will have significant impact on property investors who are likely to become PCBUs during renovation projects. Related article: Health & safety... read more

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05-Nov-2017

Ouch! Absent or defective insulation statement could set you back $500

From 1 July 2016, all new residential tenancy agreements are required to include a signed insulation statement detailing the extent of insulation in the property. At the time of passage, this requirement was seen by many as a bureaucratic intermediary in anticipation of universal insulation by 2019. But if its recent orders are anything to go by, it is apparent that the Tribunal has... read more

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31-Oct-2017

Could this be the start to the end of FM Custodian?

The landlord industry has been rocked, in recent months, by the effects of the High Court's decision of Anderson v FM Custodians Ltd [2013] NZHC 2423. Specifically, the case has been cited as authority for tenants to claw back 100% of all rents paid throughout the time of tenancy at the point of dispute. It doesn't take much to acknowledge the gross injustice in most cases wher... read more

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21-Aug-2017

What does Peter Dunne’s resignation from Parliament mean for investors?

This afternoon, Hon Peter Dunne announced his resignation from Parliament after serving 33 years for the Ōhāriu Electorate. This move came shortly after the One News Colmar Brunton poll released just last week putting Labour’s Greg O’Connor well ahead of the polls. National has since announced that it will be throwing its full support behind its own candi... read more

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25-May-2017

What you need to know about the proposed amendments to the Residential Tenancies Act

This week the Government introduced the Residential Tenancies Amendment Bill (2) to Parliament. There are three main parts to this Bill that are worth noting by landlords: Tenants liability for damage Since Holler v Osaki, tenants are no longer liable for damages they unintentionally cause to a rental property. This Bill addresses the inherent inequitable outcome Holler has c... read more

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13-Dec-2016

NZS8510 - What property owners need to know about meth decontamination and detection standards for now

Standards New Zealand has, as of yesterday, published Draft Number DZ8510 - NZS8510 - Testing and decontamination of methamphetamine-contaminated properties for public comment. Though DZ8510 is but a draft which will most certainly be altered before final publication, it is an opportunity for property investors to get insight and give feedback on the likely standard. Full text of DZ851... read more

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17-Oct-2016

Government signalling partial reversal of Holler v Osaki

For some months, the New Zealand Property Investors' Federation (the NZPIF), the Tenancy Tribunal and other key tenancy organisations have been in dialogue with the government as well as major party leaders to give feedback on how Holler v Osaki affects the landscape of residential tenancies in New Zealand. Legitimate concerns have been raised by these groups that Holler has t... read more

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28-Jul-2016

Holler Practice Note changes the rules of damage claims to the Tribunal

Following the recent Court of Appeal decision on Holler & Rouse v Osaki, the Tenancy Tribunal prepared Practice Note 2016/1 outlining, to its adjudicators, how applications relating to tenant liability for damages are to be treated from 1st August 2016. As an aside: For those who are unfamiliar with Holler, the case hinged on whether a residential tenant would be protected ... read more

Landlording

12-Jul-2016

Return serve can cost you as much as $2,000… Ouch!

The amended Residential Tenancies Act came into effect on the 1st of July. While smoke alarms and insulation are without a doubt the most significant of all changes (and rightly received a good level of publicity), other more subtle changes to the RTA are not any less relevant. One such issue to note has to be the strengthening of the retaliatory notice provision. A retaliatory n... read more

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APIA Blog

Parry reversed - Tribunal activism gone too far?

Asbestos - the invisible threat to your property

Ouch! Absent or defective insulation statement could set you back $500

Could this be the start to the end of FM Custodian?

What does Peter Dunne’s resignation from Parliament mean for investors?

What you need to know about the proposed amendments to the Residential Tenancies Act

NZS8510 - What property owners need to know about meth decontamination and detection standards for now

Government signalling partial reversal of Holler v Osaki

Holler Practice Note changes the rules of damage claims to the Tribunal

Return serve can cost you as much as $2,000… Ouch!

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