In The Know - Property Management
6 March 2019
Find all the Property Management information on this page or visit the full In The Know version
Insulation Update - 4 months to 1 July deadline
Property Managers, are you ready?
Property Managers and Landlords now have less than four months to ensure their rental portfolio properties are adequately insulated or they could face a fine of up to $4,000 from the Ministry of Business, Innovation and Employment (MBIE).
Part of the challenge for Property Managers is allocating enough time in their daily schedule to carry out audits on their portfolios. Non-compliant properties without a plan in place could be at risk of failing to comply before the 1 July deadline.
Depending on your property management software, you may be able to run a report that will capture any information you have already entered in the Health and Safety tab or Insulation field. Speak to your software provider if you need help.
A report will help you ascertain which properties still need to be inspected. Looking at your entire portfolio in total can be overwhelming and we suggest you break it down in to blocks of 50 to 100 properties depending on the size of your portfolio.
Current wait time for an insulation inspection can typically vary from 1 week to 1 month, we anticipate this may take longer as we near the 1 July deadline. There is generally another delay before any insulation installation required can be undertaken.
Nick Hall from Eco Insulation says: “The industry is seeing increasing lead times for assessment, and any delays from the property owner to accept the quotations further delays the installation for those houses. Our operations throughout the country are already busy and are receiving increasing new enquiries prior to the due date of 1 July 2019. The simple message is, do not delay the process otherwise you may not get the insulation installation completed prior to the due date.”
REINZ has prepared an Insulation information sheet for your reference.
Every Tenancy Agreement from 1 July 2016 already requires a separate Insulation Statement signed covering what insulation the home has, where it is, and what type.
REINZ is here to support members through this transition and welcomes any questions you may have.
The new insulation requirements will help improve New Zealand’s housing stock and also improve the health and wellbeing of our rental population.
In our next Property Management update we will review the new Healthy Homes Standards and how you can start planning in advance to meet the requirements.
Monthly Rental Statistics Release
Did you know you can subscribe to receive monthly rental statistics from across the country?
Email David Shaw to sign up today.
Click here for a sample of the monthly report.
Case Updates
Assault/threaten to assualt
The landlord applied to terminate the tenancy with the tenant based on an allegation made against the tenant that they assaulted or threatened to assault a neighbour (another tenant) in the social housing complex.
Section 55(1)(c) of the Residential Tenancies Act 1986 gives the Tenancy Tribunal the power to terminate a tenancy where a tenant has assaulted or threatened to assault any neighbour of the premises.
Facts: It was alleged that the tenant assaulted his neighbour and was charged with four offences pertaining to the incident. The tenant pleaded not guilty to the criminal charges against him. The tenant stated that he was intoxicated and that he had an argument with his neighbour over money. The tenant accepted that the neighbour may have felt threatened however, claimed that he was suffering from mental health issues and had a drinking problem.
Findings: The Tribunal took into consideration that the tenant resided in a social housing complex and that other tenants lived nearby. The Tribunal also noted that other tenants felt intimidated by the tenant when alcohol was involved. The Tribunal stated that the standard of proof was based on the balance of probabilities as opposed to beyond a reasonable doubt associated with the criminal jurisdiction.
The Tribunal found that it was likely that the tenant assaulted or threatened to assault his neighbour and terminated the tenancy accordingly. It was also indicated by the Tribunal that even though the tenant pleaded not guilty to the criminal charges, it did not mean that the tenancy should have still continued.
You can find the full decision here.
REINZ and Real-iQ deliver the NZ Certificate in Residential Property Management
Lift your professionalism and standards and prepare yourself now for potential industry regulation.
Click here for more information.
