In The Know - Property Management
11 December 2019
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Case Update: Tenants install swimming pool in backyard without consent
The tenancy began on 28 February 2017 and ended on 15 May 2019.
The landlord claimed that the tenants installed a “huge above ground swimming pool” without consent. It was claimed that the weight of the water on the lawn over a period of two years, destroyed it. The landlord claimed compensation for the cost of having the lawn professionally re-instated to its original condition.
At the Tenancy Tribunal hearing, the landlord stated that she was shocked when she first saw the swimming pool (fenced) on the lawn. She had not permitted the pool to be on the premises and expressed concerns pertaining to safety and whether the council would find it illegal. However, after receiving responses to her questions by the tenants, she did not request them to remove it.
The pool had caused damage to the lawn however, the extent of the damage was disputed.
The Tribunal stated that the likely cause of the damage to the lawn was the weight of the swimming pool resting on the lawn. An email dated 18 July 2019 regarding the inspection of the lawn by a landscaper, was provided to the Tribunal noting that the lawn was lumpy, uneven, patch, firm under foot and poor drainage.
Although, the tenants tried to rectify the lawn to some extent, it was clear from the landscaper’s report that more extensive work was required.
The Tribunal found that the tenants were liable for the cost of re-instating the lawn, including the initial work that was undertaken by the landlord to try to remedy the damaged lawn.
The Tribunal ruled in favour of the landlord and the tenant was ordered to pay almost $2,000.
Mortgagee sale process and what it means for tenants
When a landlord is in default with their mortgage payments, the bank may repossess the property and become the landlord.
The bank must let any tenants know when it takes over as landlord. The bank has the same rights and responsibilities as any landlord and is bound by the Residential Tenancies Act 1986 and by any tenancy agreement.
However, when the bank sells the property there is an exception. The bank has special rights for dealing with fixed term tenancies. In this situation, the bank or the new owner can give notice to end the tenancy under the same terms as a periodic. The tenant can also give notice to end the fixed term as if it were a periodic tenancy.
Please refer to Section 58 of the Residential Tenancies Act 1986 for further information.
How technology could help safety in the workplace
Whether it’s in the workplace, home, or out and about, mobile phones make getting in touch easy, however in the event of an emergency, sometimes they are not the best way of contacting those who can get the help you need.
Increasingly, in our property management workforce we are more aware of the potential risks in conducting business and employers are looking for tools to ensure the safety of Property Managers. Being prepared for the unexpected is key to mitigating the risks, relieving anxiety and creating peace of mind. Examples of this technology include Safelet, Artemis and Amulyte.
While these types of alarms are one of the many ways that technology can potentially benefit those working in remote areas or conducting property inspections, it also extends to anyone concerned about their general personal safety and well-being.
Updated Residential Management Authority
An updated version of the Residential Management Authority is now available, click here to download.
Health & Wellbeing Survey - closing this Friday!
In July we surveyed our members on general aspects of health, wellbeing and workplace performance. Based on general findings we identified a significant number of people were concerned about work/life balance and stress in the workplace. REINZ is currently developing a 6-month programme to help address these, alongside other wellbeing issues, so that you can optimise your performance in 2020.
We need your feedback to help shed more light on the issues identified in our earlier survey and to help shape our new 6-month programme. We’d appreciate you taking some time to complete our survey. You’ll also go into the draw to win a $150 Prezzy Card.
Click here to complete the survey.
The New Zealand Certificate in Property Management
In order to be flexible and meet your needs we are moving to monthly intakes in 2020! The next intake is 3 February 2020.
Registration and information here or contact Kirstin Brown for more information.
November Rent Review
The REINZ Residential Rent Review for November is now available. Click here to access.
Property Management Webinar package
2 hours of non-verifiable training. 5 topics and great speakers, created specifically for property managers.
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 not collect?
