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Don’t hold on to application forms longer than you have to

When a property is put on the rental market, the landlord will likely, given the current shortage, receive an abundant number of applications. These applications contain personal information the collection, storage and disposal of which are subject to both s123A of the Residential Tenancies Act (RTA) and the Privacy Act (PA). The relevant provision of s123A has recently been amende...
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{{name}} - APIA Auckland Property Investors

Privacy and renting - a brain dump for landlords

Many of our members are aware that we have been interacting with the Office of the Privacy Commissioner (“OPC”) to assist with its current examination into personal information collection practices in the rental sector. Our intention is to put forward our members’ perspective and to provide the OPC with constructive input as to why and how landlords collect certain information. We exp...
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{{name}} - APIA Auckland Property Investors

Can the OPC smack landlords?

This week's question comes from Thomas (paraphrased): What are the legal effects (if any) of the OPC's guidelines for landlords and what enforcement power does the OPC have? You will recall that over the course of the last few months, the Office of the Privacy Commissioner published, took back and republished its Guidance for landlords and tenants. The latest version (with th...
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{{name}} - APIA Auckland Property Investors

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...
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{{name}} - APIA Auckland Property Investors

Tips on collecting and handling your tenant's personal information

Landlords should not be at ease in light of recent reports characterising the Auckland rental market as being under significant demand pressure. Your applicant base expanding does not make it easier for you to find your next tenant. In fact, it should mean quite the opposite. Now is as good a time as any for all landlords and letting agents to review your vetting process an...
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