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How to deal with inherited tenants?

This week's question comes from Joe: I am about to settle on a property with an existing tenancy. Should I let the tenants stay? Barfoot & Thompson Property Manager Max Cameron shares his view: 'Its a bit of a complicated question, as it depends largely on the type of the property and what the current tenants are like. Chat with the current owner or P...
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{{name}} - APIA Auckland Property Investors

Summary of proposed changes to residential tenancy

On Sunday 17th November the Coalition Government announced a number of proposed amendments to the Residential Tenancies Act in accordance with the Labour Party's election manifesto. APIA Vice President Peter Lewis was present at the announcement and reports on the following substantive elements of the proposal: It is important to note that these proposals will need to be enacted into law...
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{{name}} - APIA Auckland Property Investors

Stephen Hegh: Methamphetamine – where are we now?

The 2019 Residential Tenancies Amendment Act (RTAA) moved things forward… a bit. Landlords can now access the property to test for meth contamination. But the elephant in the room remains: what is the acceptable maximum level of meth presence at a rental property? Standards New Zealand says it is 1.5µg/100cm2, Sir Peter Gluckman says 15µg/100cm2, The Residential Tenancies ...
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{{name}} - APIA Auckland Property Investors

Sandra has a problem

Sandra has a problem. Sandra and her husband Terry live in a small house down a private right-of-way. They have been there for a few years, and like the location. It is handy to Terry’s work, and Sandra can easily catch the bus to her part-time job as a teacher aide. The neighbouring house on the road frontage is a rental, and some months ago new tenants moved in. Altho...
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{{name}} - APIA Auckland Property Investors

Will increasing the rent give rise to a mandatory obligation to disclose insurance details

This week's question comes from Peter (paraphrased): In the case of an ongoing periodic tenancy that started before 27th August 2019, does the landlord's obligation to disclose insurance details to tenants become mandatory after a rent increase? To answer this question, we've turned to Kristine King from Duncan King Law. 'Section 13A(F) requires t...
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{{name}} - APIA Auckland Property Investors

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

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

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

Is the RTAA insurance disclosure a step too far?

This week's question comes from Sue: I have just been advised that with the changes to the Residential Tenancy Act my property manager needs to file my insurance policy pertaining to our rental and the amount of excess and supply both to our tenant on request. Do you have an opinion on supplying such information to a tenant? I understand it has become law, but it seems like a gr...
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{{name}} - APIA Auckland Property Investors

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...
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