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In The Know

7 February 2019

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Changes to 2019 Verifiable Education

The REA's continuing professional development (CPD) programme replaced the previous continuing education programme on 1 January 2019.

From 1 January 2019, the 10 hours of verifiable training will consist of 5 hours of mandatory topics (Anti-Money Laundering, Disclosure, Communication) plus 5 hours of elective topics. The electives topics consist of repurposed content from a library of REA materials presented in previous years. This change is designed to give licensees more scope to choose topics relevant to their business and needs.

REINZ is currently designing relevant verifiable packages and content that can be delivered face-to-face and online.

Contact us if you’d like us to design a bespoke, in-house verifiable training package that meets the needs of your team.


Tasman and Nelson Fires

Our thoughts and best wishes go out to all those impacted by the current fires in the Tasman and Nelson Districts.

Case Update: Carpet cleaning and stain removal

The issue in this case was whether the tenant left the premises reasonably clean and tidy under section 40(1)(e) of the Residential Tenancies Act 1986.

The landlord’s agent made two claims against the tenant in relation to the oven/range hood cleaning costs and carpet cleaning costs. The carpet cleaning claim related to both stain removal and urine removal/treatment costs.

The tenant did not dispute the oven/range hood cleaning costs however, disputed both components of the carpet cleaning claim.

Stain Removal
On 13 November 2018, the landlord’s agent sent an email to the tenant stating that if the tenant covered the oven cleaning costs then they would pay for the stain removal costs. It was later discovered that there was a need for urine cleaning/treatment therefore, the landlords retracted from their arrangement.

Given the contents of the email, the Tribunal found that the claim for stain removal costs had not been proved and that it would be unacceptable to allow the landlord’s agent to withdraw from their statement.

Urine Removal/Treatment
The landlord’s agent provided evidence of the affected rooms in the premises by way of emails from the cleaning contractors. The Tribunal found that it was more probable than not that the carpet needed cleaning and treatment to remove the odour of urine. The tenant breached their obligations under the Act and the Tribunal found them liable to pay for the reasonable costs of remedying the breach.

Reasonable Costs
The costs claimed for the urine removal/treatment were substantially high ($1,431.75) and the onus was on the landlord’s agent to prove that this was reasonable. The Tribunal acknowledged that urine removal/treatment costs would be more than a standard carpet clean which usually would cost between $200.00 to $400.00.

The landlord’s agent relied on the price quoted by the same contractor who removed the carpet stains and failed to seek quotations from other contractors. The Tribunal stated that they could not assess whether the costs claimed were reasonable as they could not compare it to any other prices. The Tribunal therefore determined the cost for cleaning and treating the urine at double the maximum amount for a standard carpet clean ($800.00).

The bond was paid to the landlord’s agent.

You can find the full decision here.


Reasonably Clean and Tidy - Mouse Infestation

The issue in this case was whether the tenants complied with their obligations at the end of the tenancy.

The property management company applied for compensation and reimbursement of the filing fee.

It was discovered at the end of the tenancy that the premises had been severely infested by mice. The property manager had provided evidence that the cleaning company could not immediately work as the cleaner required specialist equipment given that there was a significant risk to their health and safety. The tenants had also left rubbish at the premises.

Obligations
The tenant’s obligations are outlined under section 40 of the Residential Tenancies Act 1986. Once a tenancy has ended, tenants must leave the premises reasonably clean and tidy, return all keys and security devices, replace smoke alarm batteries and leave the chattels provided by the landlord for the use of the tenant.

The Tribunal found that the tenants had breached their obligations and that the premises was not left in a reasonably clean and tidy state. The Tribunal ordered compensation be paid to the property manager for the rubbish removal and pest control. The filing fee was also reimbursed.

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.

Ask Advisory...

Question: Regarding selling property with the Power of Attorney signing of authority; I have an ‘owner’ of a property, who says they have Power of Attorney to sell, but are not the registered owners on the title. How do I legally carry this out?

Answer: Whilst we cannot give legal advice to members, you could do the following in this instance:

1) Do not rely on an individual’s assertion that they hold power of attorney. Ensure that you obtain a copy of the Power of Attorney document, as well as a signed Non-Revocation of Power of Attorney, before taking any steps. The Non-Revocation of Power of Attorney is critical, as it is a current statement from the vendor confirming that the Power of Attorney (which may have been executed some years prior) is still on foot. The vendor’s lawyer ought to hold a copy of the Power of Attorney document and can facilitate the signing of the Non-Revocation of Power of Attorney

2) Your agency should have an internal policy around how to deal with Powers of Attorney. Be sure to follow this policy

3) Keep written records of your discussions with the vendor and/or their attorney.


Overseas Investment Act 2005

Please note that all purchasers prior to the transfer of property must complete a Residential Land Statement (RLS) prior to settlement. There is no legal obligation to have the RLS completed at the time of signing a sale and purchase agreement. We recommend that the purchaser complete the form in consultation with their lawyer.

This form can be located on our website under ‘Advisory’ on the REINZ website.

2018 Verifiable Training

The REA will be sending out letters to those licensees who did not complete their 2018 Verifiable Training by 31/12/2018. If you have any questions regarding your licence you will need to contact the REA on 0800 367 7322.


Verifiable Training

North Shore Verifiable Training
Wednesday 19 & Thursday 20 February
Registration deadline Thursday 14 February - a $50 per person late fee will apply after this date.


REINZ welcomes back Tom Panos

New Year, New You! Auckland - Thursday 21 February - Check out the poster

Modern Agent 2020! Wellington - Friday 17 May - Check out the poster

Note: Tom will also be presenting in Christchurch in 2019 - Info to come


Verifiable Dates for 2019

Region Dates Location  
February
North Shore 19 - 20 Netball North Harbour Centre Book Now
March
Christchurch 1 6 - 7 The Atrium Book Now
Queenstown 20 - 21 Mercure Queenstown Book Now
April
Auckland 1 3 - 4 Events on Khyber Book Now
Wellington/Lower Hutt 10 - 11 Lower Hutt Events Centre Book Now
Dunedin 10 - 11 Edgar Centre Book Now
May
Thames 1 - 2 Thames Civic Centre Book Now
Whangarei 8 - 9 Northland Events Centre Book Now
New Plymouth 15 - 16 Novotel Book Now
Hamilton 29 - 30 Workingmen's Club Book Now

Regional Meetings

Blenheim Regional Meeting
Monday 18 February, 10am - 12pm
Come and hear Bindi Norwell speak about what’s happening at REINZ and share the latest regional data. Our partner Property Press will share some relevant new research. We look forward to seeing you!

Nelson Regional Meeting
Monday 18 February, 2pm - 4pm
Come and hear Bindi Norwell speak about what’s happening at REINZ and share the latest regional data. Our partner Property Press will share some relevant new research and at the end of the presentation there will be the opportunity to mix and mingle over drinks and canapés. We look forward to seeing you!


Sporting Events

REINZ 16th Annual Fishing Tournament
Friday 1 March, 8am - 5pm; Weigh-in 3pm - 4pm
Auckland Sailing Club, 8 Tamaki Drive, Auckland

Partnered with Property Press, this is gearing up to be a great day with spot prizes and $2,250 worth of cash prizes up for grabs!

The registrations for the 2018 REINZ Fishing Tournament are now open and you can purchase all tickets online through Eventbrite.

Please feel free to send this link through to any others that you know may be interested in the competition. Friends, family and clients are all welcome to join, but please ensure that everyone is registered.

Book those charters now and come and enjoy a fun, competitive day on the water!

If you have any questions, please get in touch with the Events Team


February
Blenheim Regional Meeting 18 February 10am - 12pm Scenic Hotel, Marlborough
Nelson Regional Meeting 18 February 2pm - 4pm Trailways Hotel
March
REINZ Annual Fishing Tournament 1 March 8am - 5pm Auckland Sailing Club
Thames Bowling Tournament 7 March 9am - 3.30pm Thames Bowling Club
South Island Rural Seminar 26 March TBC TBC
April
Commercial & Industrial Breakfast 10 April 7am - 10am Maritime Room, Auckland
June
NZ Auctioneering Championships - Draw 23 June 5.30pm - 7.30pm REINZ, Auckland
NZ Auctioneering Championships - Heats 24 June 10am - 5pm REINZ, Auckland
NZ Auctioneering Championships - Finals 25 June 10am - 6pm REINZ, Auckland

Introducing the REINZ Statistics Platform

Access current market data with Market Insights Reports.

Watch the video below to see how to access data in 4 easy steps.

Go to Market Insights Report and access property data including:
- Median Sales Price
- Average Days to Sell
- Total Sales Volume

Try the REINZ Statistics Platform now!

Million Dollar Homes

The number of properties sold around the country for a million dollars or more during 2018 increased by 4.5% when compared to 2017 (10,615 up from 10,163). However, this figure is down significantly on 2016, when 11,648 million-dollar plus properties were sold around the country.

Read the full release here


Auckland City Mission CookOff Auckland City Mission

Bindi Norwell is taking part in the Auckland City Mission CookOff this March, to help prepare a meal for 200 families in need.

The Auckland City Mission has set a goal for Bindi to raise $10,000 to go towards their ongoing emergency food packages. We would sincerely appreciate any support you can offer by donating here.

REINZ works in partnership with NetYourJob recruitment to provide maximum industry coverage when you’re looking for real estate staff. NetYourJob can provide REINZ Members with competitive marketing rates for job advertising. Contact NetYourJob on 0800 638 968 to find out more or click here to view new jobs this week.