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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

Termination invalidated by a mere diary entry

Re: Atkinson v Monarch Realty Ltd [2020] NZTT Hamilton 4279083 Facts 5th July 2020 - Leak discovered at the property due to lack of maintenance 11th August to 9th September 2020 - Remedial work carried out 1st September 2020 - Citing a lack of confidence that the tenant would property ventilate (and therefore look after) the property, the property manager recommend...
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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

RTAA2020 - the thereafter

Now that the Residential Tenancies Amendment Act 2020 has been passed and is set to be fully implemented by 11 February 2021, we speak to seasoned property manager Katrina O'Connor from Barfoot & Thompson Manurewa about how the renting industry is responding to and adapting to the new law. Q. The RTAA 2020 is said to have dramatically increased the risk of landlording in New Zealand. Wh...
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{{name}} - APIA Auckland Property Investors

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)(f) if the work i...
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{{name}} - APIA Auckland Property Investors

COVID-19 termination rules recap & a reminder for would-be vendors

As investors grapple with the economic effects of COVID-19, some may consider deleveraging by selling off a few under-performing properties. If these properties have tenants in situ then it is advisable for would-be vendors to be well aware of the new tenancy termination rules and plan well in advance. Tenancy termination during COVID-19 We specifically refer to the rules und...
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{{name}} - APIA Auckland Property Investors

Where does National stand on things?

This week's question comes from Barry re the Residential Tenancies Amendment Bill (paraphrased): What is the National Party’s position on landlords' ability to terminate with no stated reason? What is the timing for the commencement of the new law? The National Party so far has been silent on the Bill's proposal to abolish landlords' right to terminate ten...
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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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