In The Know - Property Management
4 December 2019
Find all the Property Management information on this page or go back to In The Know
Asbestos awareness week - new asbestos tool for businesses
WorkSafe has launched a new easy-to-use tool to help businesses develop their Asbestos Management Plans.
This is pertinent to our Property Management members whose duties under the Asbestos Regulations 2016 will arise when work is planned on a property and that work will create a risk of exposure to respirable asbestos fibres.
Regulation 13 of the Asbestos Regulations 2016 states that there is a duty to prepare an Asbestos Management Plan which is a plan that confirms that steps are in place to ensure that Asbestos exposure risks are assessed and managed.
For example, when a landlord is planning to refurbish the bathroom, drilling into those materials that contain asbestos will mean that there is a risk of releasing those asbestos fibres into the air therefore, an Asbestos Management Plan should be in place (prior to work being carried out).
The tool is a Word template, designed as a guide for preparing an Asbestos Management Plan. The template allows you to add photos, site plans, or other relevant documents to your plan.
Asbestos Webinar
REINZ has also created a webinar on Asbestos for our members. The webinar covers the legal requirements under health and safety legislation, examples and a case study which will deepen your understanding of Asbestos!
Case Update: Tenant erects unauthorised fence and gate
The landlord in this case, claimed that the tenant erected a large fence and gate at the premises in or around April 2019, without seeking consent.
Law
Section 42 of the Residential Tenancies Act 1986 states that:
The tenant must not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except in accordance with the tenancy agreement or with the prior written consent of the landlord.
What happened after the fence and gate were put up?
The landlord issued a 14-day notice on 27 May 2019 to have the fence removed however, the tenant did not comply with this request.
The landlord provided the Tenancy Tribunal with an estimate from their contractor to remove the fence and gate themselves.
The tenant responded and stated that she suffered from serious health problems and as a result of her anxiety, she needed the fence.
What did the Tribunal find?
The Tribunal found that the tenant breached section 42 and ordered that the tenant remove the unauthorised fence and gate within 21 days. The Tribunal also stated that if the tenant failed to comply with the order then, she would need to pay the landlord an amount of $460.00. If she failed to do both, then, the landlord could remove the fence and gate themselves and charge the tenant with a limit of up to $460.00.
Landlords going on holiday or extended leave over the Christmas break?
Many private landlords are still not aware that if they are going to be out of the country for more than 21 consecutive days, they must appoint a New Zealand-based person to manage their property during this time. The landlord must also inform the tenants of the person's contact details, and for tenancies where the bond is held, they must also advise the bond centre.
It is important to note that failure to appoint an agent and follow the procedure is an unlawful act under the Residential Tenancy Act, and landlords can be liable for exemplary damages of up to $1,000.
For more information, refer to Clause 16A of the RTA 1986.
Updated Residential Management Authority
An updated version of the Residential Management Authority is now available, click here to download.
Mould and dampness
REINZ has noted that there has been an increase in complaints by tenants to the Tenancy Tribunal on mould and dampness issues.
Click here to access the REINZ Mould and Dampness Information sheet as a refresher of your obligations and some helpful tips on minimising mould.
Health & Wellbeing Survey
In July we surveyed our members on general aspects of health, wellbeing and workplace performance. Based on general findings we identified a significant number of people were concerned about work/life balance and stress in the workplace. REINZ is currently developing a 6-month programme to help address these, alongside other wellbeing issues, so that you can optimise your performance in 2020.
We need your feedback to help shed more light on the issues identified in our earlier survey and to help shape our new 6-month programme. We’d appreciate you taking some time to complete our survey. You’ll also go into the draw to win a $150 Prezzy Card.
Click here to complete the survey.
The New Zealand Certificate in Property Management
In order to be flexible and meet your needs we are moving to monthly intakes in 2020! The next intake is 3 February 2020.
Registration and information here or contact Kirstin Brown for more information.
SAVE THE DATE - 2020 REINZ Residential Property Management Conference
Friday 7 August, 2020
Auckland
Stuck on something? Check out our information sheets!
Click here for our Information Sheets on:
- Insulation
- Healthy Homes Standards
- Privacy Act Guidance
- Asbestos
- Mould and Dampness in rental properties
Keep an eye out for the following Information Sheet that will be coming soon:
- Residential Tenancies Amendment Act 2019
Any questions/suggestions you have, feel free to contact advisory@reinz.co.nz
Finding the right tenant - what can I not collect?
