Non-Verifiable Training - LAST CHANCE!

Understanding Certificates of Title and LIMs: Staying safe with the REA
Tuesday 14 August
Graham Crews presents this 2-hour workshop, covering off areas such as reviewing essential documentation, understanding disclosure obligations and understanding the detail around certificates of title and LIM reports.
The workshop will be followed by networking drinks.

2019 Verifiable Training - we need your feedback

Find out about proposed changes to verifiable training from January 2019 in this video.

If you could then take 2 mins to complete this survey so we can meet your training needs, that would be appreciated.

Verifiable Training

Napier Verifiable Training - Last chance to register!
Wednesday 22 and Thursday 23 August
Registration deadline Monday 13 August - a $50 per person late fee will apply after this date.

Tauranga Verifiable Training
Wednesday 5 and Thursday 6 September
Registration deadline Monday 27 August - a $50 per person late fee will apply after this date.

Young Professionals in Real Estate

'Find Your Path' Panel session
Thursday 23 August, 4.00pm - 6.00pm
Join us for our YPIRE panel session, facilitated by Bindi Norwell, REINZ Chief Executive.
Our panel will be talking about their path to success and how they found themselves in the positions they are in now.
Our special guests are: David Annan, Director at James Group; Amy Wagstaff Director and Branch Manager at Harcourts; Jared Cooksley Business Owner at Ray White; and Ben Macky Founder and Director at Wallace & Stratton.

2018 REINZ Awards for Excellence

Entries are now closed.

2018 REINZ Awards for Excellence Gala Dinner Tuesday 28 August, 6pm - 10pm
Buy Gala Dinner Tickets or 5 Ticket discount package or 10 Ticket discount package
Download the invitation

Who is responsible for winter maintenance?

As the end of winter draws near, now is a good time to start checking that winter maintenance items are being ticked off. Tenancy Services have published an article on winter maintenance requirements. Both landlords and tenants have their own responsibilities around maintenance, so it is important to know who is responsible for what.

Click here for the article.

Case Update: Exemplary damages for premises with no kitchen

Facts: The Tenant and Landlord were in a fixed-term tenancy. The premises were a semi-furnished self-contained downstairs unit, with the upstairs area occupied by the Landlord and her family. The premises did not have a kitchen. It contained a microwave and some hot plates. The Landlord purported that this was a “house share agreement” rather than a tenancy subject to the Residential Tenancies Act (RTA).

During the tenancy, a serious altercation between the Landlord and the Tenant occurred. Following this incident, the Tribunal ordered that the fixed-term tenancy become periodic immediately. The Tenant has applied for compensation and exemplary damages on the basis that the Landlord had rented out unconsented premises and committed actions that amounted to harassment and loss of quiet enjoyment for her.

Decision: Contrary to the Landlord’s claims that this was a “house share agreement” where the Tenant was only a “flatmate”, since the premises were entirely self-contained, and the parties shared no facilities, the Tribunal concluded that this was a tenant-landlord relationship covered by the RTA.

The Tribunal then had to consider whether the Tenant is entitled to a refund of all rent paid because the downstairs unit was not consented. It examined the major case developments in this space and noted that a strict approach on the issue could create injustice, as premises may not have a legal consent but are renovated to a level where it is still a healthy and enjoyable living space. The Tribunal concluded that it will not apply a strict approach in this case to refund all the rent simply because the unit was unconsented.

Applying the Landlord’s duties under the Residential Tenancies Act, the Tribunal ordered exemplary damages against the Landlord because, amongst other matters, the premises did not have a working kitchen.

On the issue of whether the Landlord’s actions amounted to harassment and loss of quiet enjoyment for the Tenant, the Tribunal was presented with conflicting evidence from both parties. Ultimately, it preferred the Tenant’s evidence based on video footage. It concluded the Tenant was asking the Landlord to leave and stop filming her before the physical altercation occurred. Compensation was awarded to the Tenant for these actions.

Click here for the decision.

Disclaimer: The information in these case summaries is for general informational purposes only and may only discuss some, not all, aspects of a case. It does not constitute legal or other professional advice and does not replace your company’s internal policies and guidelines. Always check your company’s guidelines, policies and information first and seek legal advice if you have any queries.

'KFC test' of prospective tenants another reason for regulation

REINZ Chief Executive sat down with NZ Herald this week to discuss the vetting of bank statements for prospective tenants.

You can read the full article and watch the video here.

Bill introduced to resolve outstanding earthquake insurance claims

The Canterbury Earthquakes Insurance Tribunal Bill was introduced to help property owners resolve longstanding residential insurance claims from the 2010 and 2011 Canterbury earthquakes.

The Bill will establish the Canterbury Earthquakes Insurance Tribunal. The Tribunal will have flexibility and various options to determine how to resolve claims, including by referring claims to an independent, funded mediation service without a formal hearing. The Tribunal will also have powers to award costs or general damages, and to appoint independent experts to assist it in understanding the technical aspects of a claim.

The Bill was introduced to Parliament last week and the public will have the opportunity to comment on the details of the Bill when it is considered at Select Committee stage.

Click here for more information.

Case Update: Licensees penalised for not putting multi-offer process in place

Facts: This was a complaint against Licensee 1 (the supervising agent) and Licensee 2 (the salesperson and the listing agent for the property). The Complainant was a prospective purchaser of the property, introduced via a salesperson from Agency X. The crux of the complaint was that the Complainant was not told or given the chance to amend their offer when another competing offer was submitted. No multi-offer process was engaged at any time. Licensee 2 apologised for her mistake, and both Licensees and the Agency promptly acted to attempt to rectify the situation, including by not charging the vendor a commission before the complaint was made.

Decision: The CAC found both Licensees guilty of unsatisfactory conduct. Notwithstanding this, the CAC commended both Licensees and the Agency for their prompt attempts to provide redress to the affected parties.

For Licensee 1, the CAC found that as the supervising agent, it was his responsibility to provide proper supervision and ensure all parties were aware of and presented with the multi-offer forms. There were two agreements to be presented to the vendor. One agreement from Licensee 2 and the other agreement from a salesperson from Agency X. It would have been prudent for the supervising agent to be present when the envelopes were opened, and for the supervising agent to present them to ensure no conflict of interest would arise in this instance.

Click here for the decision.

Click here for the REINZ Information Sheet on Multi-offers

The above is intended for general information only and does not constitute legal advice and does not replace your agency’s internal policies and guidelines. Always check your agency’s guidelines, policies and information first and seek legal advice if you have any queries.

REINZ Enhanced Statistics Portal Training

Join us for a face-to-face training session on the Enhanced Statistics Portal on Thursday 16 August, 11am - 12pm.

This is a free session, but registrations are required to secure your spot - Register here.

Inaugural Property Management Awards

Congratulations to the recipients of the two awards presented at the 2018 REINZ Conference Cocktail Function on Friday 3 August.​

Howard Morley was the recipient of the '2018 REINZ/Rockend Recognition of Contribution to the Property Management Industry' award, presented by Dame Rosanne Meo, Chase Koolen, and Wendy Alexander.

Helen Hodgson was the recipient of the 'Certificate of Appreciation to acknowledge long-standing service in Property Management', presented by Dame Rosanne Meo and Lisa Gerrard.

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.