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In The Know

23 March 2018

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Letting Fee Ban

Yesterday, the Residential Tenancies (Prohibiting Letting Fees) Amendment Bill was introduced to Parliament. The Bill proposes to prohibit the charging of a letting fee, or any other fee charged to a tenant, by a property manager in relation to a tenancy. The Bill does not prohibit charging landlords letting fees. REINZ will be making a submission on this Bill on behalf of the industry and would like your feedback, if you could please complete the below survey. Your answers will be confidential.

Letting Fee Ban Survey
To help us understand your views, and therefore represent the industry in the most appropriate way, please could you take a few moments to share your views with us via this survey.
All completed surveys will go in the draw to win a bottle of Moet.

Please send any further feedback to Lisa Gerrard by email to lgerrard@reinz.co.nz or by phone on 021975630 by 15 April.


Enhanced Statistics Platform training

Due to high demand for further training on the Enhanced Statistics Platform, a number of live webinar sessions will be held next week.

If you are interested in attending one of these sessions, please register for your preferred session here.

Last Chance - Sale & Purchase Agreement: Getting it right and staying safe
Monday 26 March
Gain a deeper understanding of the agreement and your role in helping clients and customers make better decisions. Presented by Graham Crews and worth 2.5 non-verifiable hours.

Auctioneering Fresh Starter Training
Monday 9 & Tuesday 10 April
Presented by Mark Sumich. A 2-day training course suitable for those who have called under 10 auctions or none at all! Interactive, fun and lively session for those who want more practice and training that will also add to non-verifiable hours.

Auckland Central Verifiable Training Seminar
Wednesday 4 & Thursday 5 April
Due to demand, an additional Auckland Central session has been added. Registrations have been extended to 29 March, so register now.

Dunedin Verifiable Training Seminar
Wednesday 11 & Thursday 12 April
Registration deadline Tuesday 3 April.

Gisborne Verifiable Training Seminar
Wednesday 11 & Thursday 12 April
Registration deadline Tuesday 3 April.

2018 Verifiable Education Videos are now available online.

Property Smarts face-to-face training scheduled for Tuesday 8 May.

Enhanced Statistics Portal face-to-face training scheduled for Thursday 24 May.

Free PropertySmarts Webinar - available now.

Keep up with the latest non-verifiable courses being updated here.


Region Dates Location  
April
Auckland Central 4 - 5 REINZ Centre of Excellence - Grafton Book Now
Dunedin 11 - 12 The Dunedin Centre Book Now
Gisborne 11 - 12 Emerald Hotel Book Now
May
Thames 2 - 3 War Memorial Civic Centre Book Now
Whangarei 9 - 10 Toll Stadium Book Now
New Plymouth 16 - 17 Novotel Book Now
Hamilton 23 - 24 Hamilton Working Mans Club Book Now
Invercargill 23 - 24 Ascot Park Hotel Book Now

Upcoming REINZ Regional Meetings

This is your chance to hear Bindi Norwell speak about what’s happening at REINZ and your region. Also join Dame Rosanne Meo in her final year as Chair.

Gisborne Regional Meeting - Friday 6th April, 2pm – 4pm, Download the poster


Upcoming REINZ Sector Events

Commercial & Industrial Breakfast - Tuesday 10 April, 7.30am – 10am
Join MC David McConnell, Dame Rosanne Meo, Wendy Alexander and Bindi Norwell at this breakfast seminar designed specifically for Commercial and Industrial specialists.
Download the poster

North Island Rural Seminar - Save the date - Tuesday 12 June, 11am – 3pm
On the day before Mystery Creek opens – join us for a half day seminar, filled with knowledge, inspiration and information, tailored specifically to the Rural Sector.
Download the poster

April
Gisborne Regional Meeting 6 April 2pm – 4pm Emerald Hotel, Gisborne
C&I Sector Breakfast 10 April 7.30am – 10am Hotel Pullman, Auckland
May
Superstars Breakfast 1 May 7.30am– 10am Grand Millennium, Auckland
June
North Island Rural Seminar 12 June 11am – 3pm Hamilton
NZ Auctioneering Championships Draw 17 June 5.30pm – 7.30pm REINZ, Auckland
NZ Auctioneering Championships Heats 18 June 10am – 5pm REINZ, Auckland
NZ Auctioneering Championships Finals 19 June 10am – 6pm REINZ, Auckland
Manawatu & Wanganui Regional Meeting 20 June 4pm – 6pm Manawatu Golf Club, Palmerston North
August
REINZ Property Management Conference 3 August 8am - 9pm Pullman Hotel, Auckland
REINZ C&I Conference 3 August 8am - 9pm Pullman Hotel, Auckland
REINZ Awards for Excellence 28 August 6.30pm - late Cordis Hotel, Auckland
September
Women's Breakfast 27 September 7.30am - 10am Pullman Hotel, Auckland
October
Australasian Auctioneering Championships Draw 14 October 6pm - 7.30pm REINZ Centre of Excellence, Auckland
Australasian Auctioneering Championships Heats 15 October 10am - 5pm Q Theatre, Auckland
Australasian Auctioneering Championships Senior Finals 16 October 10am - 5pm Q Theatre, Auckland
Australasian Auctioneering Championships Gala Dinner 16 October 6.30pm - 10.30pm The Maritime Room, Auckland

MBIE Announces Tenancy Services Facebook Page

The Tenancy Services Facebook page is now live, with the purpose of connecting with landlords and tenants that are harder to reach through other communications channels.

Tenancy Services will use the page to inform landlords and tenants about their rights and responsibilities, keep them up to date on legislative changes and promote their information campaigns and relevant partner activity.


Exemplary damages awarded for failing to comply with smoke alarm regulations

Facts: This was an application in relation to a tenancy which terminated on 12 December 2017. The Tenant complained about a number of matters, including the Landlord’s failure to install compliant smoke alarms.

The Tenant said she asked the Landlord to install smoke alarms after a shed at the property burnt down. The Landlord denied having received these requests from the Tenant. The Landlord acknowledged he had taken no steps to install compliant smoke alarms – he was confident there was a smoke alarm in the kitchen and he considered that was sufficient. The Tenant eventually arranged for the installation of the alarms herself.

Decision: The Tribunal awarded exemplary damages of $1,200 against the Landlord in relation to the smoke alarms.

The Tribunal said it was clear from the Landlord’s evidence that he was unaware of what his obligations are in relation to smoke alarms. Although there was disputed evidence about whether the Tenant asked the Landlord to install the alarms, the Landlord had an obligation under the law to install them, regardless of whether the Tenant made a request.

In awarding exemplary damages, the Tribunal took into account that there was a clear public interest in both landlords and tenants taking their obligations seriously to ensure tenanted premises are protected by smoke alarms.

This decision is a timely reminder for landlords and property managers to check and ensure there are compliant smoke alarms in their rental properties, to avoid incurring exemplary damages for a breach.

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.


Tip from Chorus on reducing phone and internet issues

Chorus has asked us to circulate the following message:

To ensure a better experience when people move into a rental property with fibre broadband, it is important that the power cable for Chorus’ Optical Network Terminal (“ONT”) stays intact in the property when people move out.

Without this power cable, new tenants will not be able to get a phone and internet service. There is a relatively simple solution to prevent this frustration.

For property managers, check whether the ONT cable is included in the property and include this item as part of your inspection reports, so that you are prompted to check whether the cable is still intact when a tenant vacates the premises.

A picture of Chorus’ ONT with the power cable as it should be attached (circled in red) is available here.

REINZ updated supervision resources

Getting supervision right is important as it has now become relatively common for a CAC to “pull in” supervisors when a complaint about a licensee is being investigated. The REA can also initiate its own investigations.

REINZ has updated our supervision resources to provide suggestions and assist you with compliance. We encourage you to take advantage of the following REINZ resources:

Supervision Information Sheet
Supervising New Salespersons Information Sheet
Supervision Plan template
Supervision Session Record template


Friendly Reminder: Tips on Dealing with the REA

A friendly reminder that REINZ released a new Information Sheet last week to provide you with useful tips and suggestions on how to deal with the REA, if a complaint is lodged against you. Please click here to read this resource.


Meth more available than cannabis around New Zealand

Preliminary findings from a study by Massey University has found that meth is currently more available and easier to obtain than cannabis around New Zealand. Higher availability of meth was found in the Northland, Bay of Plenty, Hawke’s Bay, Gisborne, Waikato, Manawatu-Wanganui and Southland regions.

Licensees should pay attention to their agency’s internal policies on dealing with suspected or known meth contamination. Be proactive in asking your vendor questions and conducting proper checks to ensure you know the property you are selling.

REINZ also has an Information Sheet for sales agents on dealing with suspected or known meth contamination here.

Please email any advisory or compliance questions to Sonia Ng, Lawyer, REINZ Advisory Services, and we may feature your question and our response here. This column 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.


Easter Trading Hours

Real estate agencies are not covered under the Shop Trading Hours Act 1990 and hence are not subject to the restricted trading hours during the Easter break and ANZAC Day. Although the legal position allows it, we ask our members to bear in mind the special nature of these days when deciding whether to conduct open homes and auctions, e.g. after 1pm may be a more appropriate choice.

Remember that the following days are not “working days” under the Sale and Purchase Agreement for the purposes of calculating condition and settlement dates:

  • Good Friday, Friday 30 March 2018
  • Easter Monday, Monday 2 April 2018
  • ANZAC Day, Wednesday 25 April 2018

Fresh round of funding available for Women's Leadership Development

Women & Leadership New Zealand (WLNZ) is excited to announce a new pool of scholarship funding is available for women working in the real estate and property sector to undertake a range of leadership development programs.

The initiative is providing women with grants of between $3,000 and $8,000 for part-time accredited courses that are starting later this year.

Expressions of Interest
Funding is strictly limited and early registration is advised. Find out more and register your interest by completing the Expression of Interest form here prior to April 27.

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.