In The Know - Property Management
7 August 2019
Find all the Property Management information on this page or go back to In The Know
Changes to the RTA
From 27 August, landlords must provide all new tenancies with their insurance information, including the excess details. All existing tenancies must be provided this information within a “reasonable” timeframe.
Click here for more information.
Insulation fines
Following the insulation standards coming into effect, the first landlord/property manager has now been fined. If your landlord still has not insulated their property, it’s essential they do so as soon as possible.
Click here for the insulation standards.
Case Update: Multiple unlawful acts carried out by landlord
This case involved multiple claims by both the tenant and landlord at the end of the tenancy.
Compensation
The landlord had charged a $50 maintenance fee which was illegal and deemed ‘key money’ under the Residential Tenancies Act. This was refunded.
The tenant also claimed $50 for cleaning the mouldy bathroom ceiling (evidenced by photos). The Tribunal awarded compensation in this regard as the landlord should have provided the premises (including the bathroom) in a reasonably clean state.
The tenant claimed compensation for over-paid power costs and the purchase of bins for the kitchen. This was dismissed.
Exemplary Damages
Exemplary damages are designed to punish and deter. They are awarded for when a party to the tenancy agreement has committed a defined unlawful act as per Schedule 1A of the Act.
Section 109 of the Act sets out what the Tribunal must take into account when deciding whether the unlawful act requires exemplary damages to be paid. This includes the intent of the person who committed the unlawful act, the effect on the other party, the interests of the landlord or the tenant against whom the unlawful act was committed and the public interest.
Bond
The landlord did not lodge the bond with the Bond Centre and indicated that the other tenants preferred this. The Tribunal stated that this arrangement did not release the landlord’s responsibility to pay the bond to the Bond Centre within 23 working days of receiving it.
The Tribunal noted that the landlord was an experienced landlord, having 15 years of experience. The Tribunal awarded $600.00 of exemplary damages to deter the landlord from failing to lodge a bond again and as a punishment. It was found that he deliberately did not lodge the bond.
Failure to obtain consent
The landlord failed to obtain the tenant’s consent when showing prospective tenants around the premises. The tenant became so concerned that he called the police on the second occasion. The Tribunal noted that in additional to the lack of consent, this amounted to a significant interference with the tenant’s quiet enjoyment of the tenancy and amounted to harassment. Exemplary damages were awarded.
Failure to maintain premises
Two important issues pertaining to the oven door seal and stove were not dealt with by the landlord and exemplary damages were awarded.
Landlords claim
The landlord was awarded compensation for missing blue garden bins and for cleaning behind the cage where the tenant’s parrot was kept. The tenant also accepted the landlord’s claim for electricity costs. The landlord failed to prove that the tenant intentionally caused damage to the green leather couch.
You can find the full decision here.
Tips:
- Property Managers should ensure that Bonds are lodged with the Bond Centre within 23 working days
- Property Managers should ensure that pre-tenancy property inspection reports are completed.
Property Management Roadshow
Auckland - Dog Workplace Safety
Thursday 22 August
Visiting properties with dogs? Keep safe around dogs by coming along to this course. Learn how to 'read' dogs, dog expressions and what to look out for so you stay safe when visiting properties.
Book now
Hamilton - The RTA and Keeping Safe Around Dogs
Wednesday 4 September
Book now
Christchurch - The RTA and Keeping Safe Around Dogs
Wednesday 25 September
Book now
Residential Property Management Qualification - Second Intake
Due to high demand, there will be a second intake starting 9 September.
REINZ Residential Rental Review - July 2019
The July REINZ Residential Rental Review is available here.
2019 REINZ RPM Conference
Last week we held our RPM Conference at the Hilton. It was a fantastic day with a record number of people attending and sponsors supporting the event. Thanks to everyone that came along.
Click here for more photos from the event.
