In The Know - Property Management
6 November 2019
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A Call for Change - Better Property Management Update
Following the recent launch of A Call for Change – Better Property Management an additional 30 organisations around the country have joined the Real Estate Institute of New Zealand (REINZ) in calling on the Government to state it will formally review the need to regulate the property management industry before the 2020 election.
Bindi Norwell, Chief Executive at REINZ says: “There are now 70 organisations around the country backing the need for the property management industry to be regulated. Some of these organisations include independent property managers who recognise the need for change.
Advice from WorkSafe on PCBUs working together - contracting
WorkSafe have created a guide on PCBUs (Persons Conducting a Business or Undertaking) working with one another. The guide covers the obligations that need to be adhered to when dealing with contractors.
Remember:
- Property management companies are PCBUs
- Self-employed property managers are PCBUs
Contracting is when a PCBU hires someone else to carry out temporary work under a contract. For example, when you hire a self-employed tradesman (PCBU) to fix your client’s deck. When that tradesman enters the premises, it becomes their workplace.
PCBUs that work together will often share health and safety duties in relation to the same matter.
- You must consult, cooperate and coordinate with other PCBUs when working in a shared workplace, or as part of a contracting chain
- You can't contract out of health and safety duties
- You can enter into reasonable agreements with other PCBUs to make sure that everyone's healthy and safety duties are met
- The more influence and control your business has over a workplace or a health and safety matter, the more responsibility you are likely to have.
To read more on your obligations, click here.
If you have health and safety related questions, feel free to email advisory@reinz.co.nz
Case Update: Tenancy Tribunal clarifies what "reasonably clean and tidy" means
The property manager in this case claimed that the tenants did not leave the premises reasonably clean and tidy and failed to remove all rubbish prior to leaving the premises. The property manager also claimed that the bedroom door handle was missing and claimed compensation for cleaning, garden/lawn tidy up, rubbish removal and installing the door handle and lock.
As per section 40 of the Residential Tenancies Act 1986, the tenant must ensure that the premises are left reasonably clean and tidy and remove all rubbish.
The property manager provided invoices from two companies who provided the pre-inspection report and the final property inspection report respectively. The property manager claimed that the initial report showed that the property was in a reasonably clean condition while the final report showed that the property contained mould on the ceilings, dirty windowsills, a missing door handle, rubbish and unkept garden and lawns.
The tenants contended that the property was not in a reasonably clean state when they had moved in. They stated that they had cleaned the premises extensively prior to leaving the property as well. They claimed that the mould issue was a maintenance issue as opposed to a cleaning issue. It was claimed that the rubbish was on the property before they moved in and this impacted their ability to clean the lawns/gardens. They also believed that the property manager had removed the bedroom handle.
The Tribunal stated that the “words ‘reasonably clean and reasonably tidy condition’ do not impose an absolute standard. This standard will vary according to the age and condition of the premises. There is no requirement that each and every individual item in the premises be left “reasonably” clean and tidy, only an overall obligation in relation to the tenancy premises. Also, a tenant generally should not be expected to keep the premises any cleaner and tidier than they were at the commencement of the tenancy.”
The Tribunal noted that the property manager was unable to provide the Tribunal with direct evidence of the condition of the property because he was not the property manager at the start of the tenancy. The initial report had not been signed by both parties either. The photographs from the inspection reports showed deteriorated as opposed to cleanliness. The claim for cleaning was dismissed as well as the door handle issue.
The Tribunal however, allowed $100 as compensation towards the garden tidy up and lawns.
MBIE has provided an Insulation Guidance Document pertaining to the Healthy Homes Standards!
Click here to access the document
If you have any questions, ask advisory@reinz.co.nz
The New Zealand Certificate in Property Management
Property managers, are you looking to upskill or add a mark of quality to your practical experience?
Earlier this year REINZ and Skills launched The New Zealand Certificate in Property Management. This is a level 4 qualification that can be undertaken online over 7-12 months, at your own pace. The programme is very user friendly and those who have not studied for some time should not be afraid to register.
In addition to the online component, REINZ also offer four face to face workshops, that will be recorded and sent to you if you are unable to attend.
The online course includes four modules. These modules cover off various aspects of the day to day tasks and legal requirements a Property Manager will have to deal with.
- Module 1 Legal and Theoretical Knowledge
- Module 2 Establishing residential tenancy management
- Module 3 Establishing a residential tenancy
- Module 4 Maintaining residential tenancies
REINZ has seen a steady increase each month with property managers from across New Zealand now enrolling in this course. This is an opportunity to set you apart from the competition.
If you would like more information, please email the REINZ Education Director Kirstin Brown.
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 collect after I have selected my preferred tenant/s?
