FlexiSign - Black Friday Sale!
Sign up to a FlexiSign three month subscription before the end of November and get your first month FREE!
Email support@flexisign.co.nz and quote BLACK FRIDAY to secure this deal!
Applications now open for REINZ Head of Property Management Position
Location: Auckland
Applications are sought from suitably experienced property managers for the role of Head of Property Management at REINZ. This newly established position offers an exciting opportunity to join REINZ and take a lead role in further developing REINZ’s offering for the property management industry. The Head of Property Management will work across all teams within REINZ, providing specialist residential property management advice and expertise. Acting as the liaison between the property management industry and REINZ, the Head of Property Management will assist REINZ to execute and deliver its strategic objectives for property management. As this is a senior role, we seek applications from candidates with:
- Proven, relevant residential property management experience;
- A thorough understanding of relevant legislation;
- Experience developing and delivering compliance and training material;
- Excellent communication skills, both written and verbal;
- Business development experience;
- Operations and/or project management experience.
Please forward applications (including a CV and covering letter) to Lisa Gerrard. Applications close 28 November 2018.
For enquiries, please contact Lisa Gerrard, CLO/ GM Membership and Advocacy, 021975630.
Case Update: Landlord liable for failure to complete repairs in timely manner
Facts: The Tenants sought compensation for the Landlord’s failure to maintain the Property during the tenancy. Issues included a leak in the ceiling, an electrical fault with a light fitting and doors not closing properly. These issues were pointed out to the Landlord’s agent in writing and then again during an inspection. They were repaired within two weeks of the inspection. The Landlord claimed that the issues were not resolved when they were first raised because the Landlord’s contractor had difficulty contacting the Tenants.
The Landlord sought an order to recover unpaid rent. This arose out of a dispute as to date of the end of a fixed-term tenancy. The Tenants claimed that the Landlord agreed in a phone call to end the tenancy immediately. The Landlord pointed out that a counter-offer was made in an email five days later stating that the Landlord would agree to end the tenancy three weeks after the call when Landlord was first made aware of the Tenant’s desire to end the tenancy.
Decision: Landlords have an obligation to provide and maintain premises in a reasonable state of repair. Repairs must be undertaken within a reasonable period of the landlord being made aware of the need for such repairs. Unless there are compelling reasons, a landlord cannot be released from fulfilling their maintenance obligations merely because they have difficulties in arranging a suitable time with a tenant. The Tribunal found that the repairs in this case were not completed within a reasonable period; the time to assess this was when the issues were first raised, not after they were raised a second time. Given the work that was required here two weeks was a reasonable period. The Tenants were compensated $600. In terms of the end of the tenancy, the Tribunal found that there was no evidence the Landlord agreed to end the Tenancy immediately. It therefore ended after three weeks’ notice, as per the Landlord’s email. The Tenant was liable for rent up until this point.
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.
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.
Property Management Induction Bootcamp Auckland
Tuesday 27 November
Aimed at entry level Property Managers. Facilitated by Real-iQ, REINZ Members can get 15% off when using the promo code REINZPMI
Case Update: Licensee guilty of unsatisfactory conduct for failing to notify Tenant
Facts: The Complainant was the tenant of a property the Licensee was marketing. An agreement for sale and purchase was signed on 31 March 2017. The Vendor asked the Licensee to write to the Complainant. The Licensee gave the Complainant notice on 19 May 2017 that she was required to vacate the property by 26 May 2017. The Licensee claimed that a letter constituting a notice to vacate was earlier placed in the Complainant’s letterbox on 10 April 2017. The Complainant claimed that she never received this notice. The Complainant also pointed out that the Licensee did not provide the unconditional offer to the vendor’s solicitor until 3 May 2017.
Decision: The Complaints Assessment Committee found that the Licensee’s actions fell short of the standards that a reasonable member of the public is entitled to expect from a reasonably competent licensee. Licensees are required to exercise skill, care, competence and diligence at all times when carrying out real estate work. Licensees are also required to have a sound knowledge of legislation relevant to real estate work. Here, the Licensee did not ensure that a signed copy of the agreement for sale and purchase was sent to the Vendor’s lawyer in a timely manner. The failure to do this for over a month constituted a lack of diligence and care. In respect of the dealings with the Complainant, the Licensee breached the Residential Tenancies Act because he did not purportedly serve the Complainant with notice before the agreement became unconditional. Further, the Committee did not accept the Licensee’s evidence that he served the notice; his evidence was too inconsistent. Even though notifying tenants does not form part of licensees’ usual work, the failure to serve the notice on the Complainant was real estate work in this case. It was necessary to bring about the transaction and Licensee took it upon himself as part of that process to facilitate the vacant possession of the property. This represented a failure to exercise skill and care and a failure to demonstrate a sound knowledge of the relevant law. It was therefore unsatisfactory conduct.
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.
Non-Verifiable Education
Anti-Money Laundering Nationwide Roadshow
Registrations are open via the REINZ Website.
Find training in your area here - Last chance to book for Tauranga, Rotorua, Taupo and Thames/Coromandel!
Watch the Salesperson AML Training webinar, or the Compliance Officer Training webinar.
Watch the video answering some frequently asked questions here.
If you would like to arrange individual training for your brand or office, please do not hesitate to contact AML Solutions at realestate@amlsolutions.co.nz
C&I Breakfast - Assessing Land for Risk Management - Free Seminar
If you are buying or selling commercial or industrial property, or have property developer clients, it’s important to know what lies beneath the land! Historical contamination, hazardous materials from past construction and other environmental issues may cause additional costs if not assessed in time.
Book now for the English Seminar - 7.15am - 8.45am
Book now for the Mandarin Seminar - 10.00am - 11.30am
Verifiable Training
The REA is sending letters soon to remind you to complete your 2018 Verifiable Training!
Book your online verifiable training here
Events on Khyber
Planning your 2019 event, training session or need a fresh space?
Early bird discounts available on room hire at Events on Khyber. See more here.
Upcoming Events - LAST CHANCE!
2018 Auckland Bowls Tournament
Thursday 29 November
Join us for the 44th Annual Bowling Tournament! Each team is to be made up of at least one registered bowler and three other players.
Hawke's Bay Mini Conference
Thursday 29 November
You are invited to join us in celebrating the holiday season with guest speakers, networking, afternoon team, drinks and a buffet dinner. Speakers include Greg Lincoln of Media Mint, Jess Fincher of realestate.co.nz, Vikas Verma of NZME, Mikal Nielsen, Charlie Hislop of Trade Me, Reuben Billings and Lisa Gerrard of REINZ and Glen Smith of Hawke's Bay Today.
Face-to-face training
Creating a Sale & Purchase Agreement on the REINZ eForms platform - Auckland
Wednesday 28 November, 10am - 11am
How to use FlexiSign to Negotiate Offers Online
Wednesday 28 November, 11.15am - 12.15pm
Enhanced Statistics Site Training
Wednesday 12 December, 10am - 11am
Enhanced Statistics Site Training
Wednesday 12 December, 11.15am - 12.15pm
Webinar Training
How to use FlexiSign to facilitate digital negotiations between clients
Further FlexiSign training videos are available under the eForm Support tab, including Managers functionality.
First-home buyers turn to letter-writing
Bindi Norwell spoke to Stuff.co.nz recently about the increase in prospective home-owners writing letters to vendors.
Read the full article here.
Trust Receipt Books
The cut off date for Receipt Book orders is fast approaching. We recommend that you have your orders into us by the close of business on Tuesday 4th December for guaranteed delivery prior to Christmas.
Order form available here.
You can start placing orders again from Monday 14 January 2019.
2018 REINZ AGM
The Official Notice of Annual General Meeting of members will be held on Monday 26 November 2018 at Events on Khyber, 155 Khyber Pass Road, Grafton.
Email agm@reinz.co.nz to register, note apologies, or submit any items of general business.
The 2018 REINZ Annual Report is now available and can be found 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.
