Healthy Homes Standards announced
Housing and Urban Development Minister Phil Twyford announced the new minimum rental standards rules on Sunday 24 February.
The healthy homes standards aim to make a significant change to the quality of New Zealand rental homes. The standards cover improvements to heating, insulation, ventilation, and addressing issues with moisture ingress and drainage and draught stopping.
From 1 July 2021, private landlords will have to comply with the new standards within 90 days of any new tenancy. All private rentals need to comply by 1 July 2024.
Read more about the new standards here.
Read REINZ's comments here.
Nominations open for Regional Director - Region 4 (by-election)
Due to the early retirement of incumbent REINZ Director, Jim Davis, nominations are now sought for the position of REINZ Regional Director – Region 4 (Nelson, Marlborough, Canterbury and West Coast). The new Director will serve on the Board from the end of March 2019 until the end of the 2020 REINZ Annual General Meeting (approximately 20 months).
Nominations must be submitted to Lisa Gerrard on the Regional Director Nomination Form. Nominations must be received by 5pm, 28 February 2019.
If more than one nomination is received, the election of the Regional Director will be held by electronic ballot in accordance with Rules 7.4 and 12.3. The ballot will open on 12 March 2019 and close on 20 March 2019. Voting instructions will be provided in due course.
The full by-election process can be found here.
Call for Sector Group* Members – Property Management
The property management industry is growing and changing at a phenomenal rate. If you have a passion for property management and would like to assist REINZ to help shape the direction of the property management industry, whilst having exclusive input into the development of exciting new REINZ products and services for the industry, then we want you on our sector group.
Please contact Lisa Gerrard for more information.
*In accordance with Rule 6 of the REINZ Rules, REINZ has established various real estate sector groups to advance and be consulted on the special interests of the sector, including appropriate REINZ products and services for the sector. Sector group members provide their services to REINZ on a voluntary basis.
Case Update: Tenant's right to quiet enjoyment breached?
The issue in this case was whether the landlord breached the tenant’s right to quiet enjoyment in circumstances that amounted to harassment.
Harassment
The tenant claimed that the landlord harassed her.
Under section 38(2) of the Residential Tenancies Act, a landlord must not interfere with the reasonable peace, comfort or privacy of the tenant in the use of the premises.
Harassment means “to trouble, worry or distress” or “to wear out, tire, or exhaust” and “indicates a particular pattern of behaviour directed towards another person”.
A landlord can only enter a premises, without notice, in the case of an emergency under section 48 of the Act. Furthermore, section 11 states that a landlord cannot insert any provision into the agreement that contravenes the Act.
Facts
The tenancy agreement had a clause stating that the landlord had the right to enter the premises, without notice where there was a breach of the tenancy agreement or if damage occurred or there was a security breach. The Tribunal deemed this was an unlawful clause.
After the tenancy began, the landlord sent a text message to the tenant informing her that he needed to enter her flat to close the windows. The tenant hesitantly consented, and the landlord entered the flat to close the windows.
At some point during the beginning of the tenancy, the landlord also turned up at the door requesting an inspection, without notice. The tenant explained that she was heading out and therefore, did not consent to the inspection. Shortly after, the landlord returned and gave the tenant 48 hours’ notice of the inspection.
The tenant claimed that the landlord was not allowed to inspect the property as it had only been five weeks since the commencement of the tenancy however, the Tribunal stated that the Act allows for a landlord to check the premises every four weeks.
Findings
The Tribunal found that in combination with the tenant’s submissions, the unlawful clause and the landlord’s behaviour, the threshold for harassment was met.
$500 exemplary damages were awarded.
You can find the full decision here.
Case Update: Stressful tenancy for both landlord and tenant
This case involved numerous claims by both landlord and tenant.
Rent arrears
The landlord claimed rent arrears which were payable by the tenant.
Loss of quiet enjoyment
The tenant claimed loss of quiet enjoyment under section 31 of the Residential Tenancies Act 1986.
Trucks
The agreement did not entail that the landlord’s company trucks would be parked on the premises. The Tribunal found that the landlord interfered with the tenant’s quiet enjoyment.
Vegetable Garden
The landlord’s relatives would often work on the vegetable garden on the premises. The Tribunal found that the landlord again interfered with the tenant’s quiet enjoyment.
Garage
The agreement stated that the tenant was not allowed to use the garage. As a result, the landlord would access the garage at any time. The Tribunal found that the agreement should have explained landlord access and that loss was incurred by the tenant.
Landlord parking nearby and watching tenant
The tenant claimed that the landlord parked close to the premises however, the landlord claimed that their children attended school nearby. The Tribunal accepted this reasoning.
Laundry
Section 50 of the Housing Improvement Regulations 1947 states that adequate provision for washing clothes must be provided where a house is capable of housing two or more people. The premises often accommodated the tenant and her two children. The tenant had no laundry area and the landlord breached this obligation.
Maintenance
The landlord is responsible for maintaining the premises in reasonable repair under section 45 of the Act.
The tribunal found that the stove and oven were worn out and that the landlord should have repaired them. Smoke alarms were not provided at the beginning of the tenancy, however, were later installed. The landlord claimed that they were not aware of the law however, the Tribunal stated that this was not a justification.
Damage
The landlord claimed that the backdoor handle went missing and the bedroom window was broken during the tenancy. The Tribunal ordered that the tenant compensate the landlord.
Utilities
The tenant failed to pay electricity and water rates. The Tribunal ordered a sum to be paid to the landlord.
Additional people in the premises
The landlord claimed that there were extra people living in the premises.
A tenant is responsible for ensuring that only the agreed number of people are residing in the premises in accordance with the agreement. A tenant is entitled to visitors under section 40 of the Act. The Tribunal found that two people stayed at the premises for a short time only. The Tribunal were also understanding of the fact that the tenant experienced loss of quiet enjoyment and could see why she had visitors stay with her for a period of time.
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.
AML - Department of Internal Affairs monitoring has commenced
The Department of Internal Affairs (DIA) has advised that they have commenced contacting agencies to review their compliance with AML/CFT legislation. If you have not yet completed your written risk assessment and compliance programme, we urge you to contact your local AML compliance specialist for assistance immediately.
We also remind agencies that compliance with AML/CFT legislation is mandatory, including ensuring that CDD is completed before an agency agreement is signed (as required by Regulation 24A of the AML/CFT regulations). Agents face incurring significant fines (and reputational damage) if they breach the regulations.
Pre-contract disclosure statement
If you are selling a unit title property, section 146 of the Unit Titles Act 2010 requires the seller to provide a pre-contract disclosure statement (“PCDS”) before a buyer signs an agreement for sale and purchase. The form of the PCDS is prescribed under the Unit Titles Act.
A copy of the prescribed form is available here.
In practice, usually the licensee contacts the Body Corporate, on behalf of the seller, to obtain the PCDS. The licensee then makes the PCDS available to interested purchasers.
Licensees should be aware of clause 9.2(1) of the agreement for sale and purchase. Under this clause, the vendor gives a warranty that the information in the PCDS provided to the purchaser is complete and correct. Licensees should therefore alert the vendor to this clause and check with the vendor that the PCDS is indeed complete and correct, so that the vendor is in a position to give the warranty under clause 9.2(1). Breaching a warranty can result in the vendor having to pay compensation to the purchaser. Parties should always be encouraged to take legal advice before signing an agreement.
Section 150 of the Unit Titles Act also requires the seller to correct any inaccuracies contained in a PCDS, with the buyer having a right to postpone the settlement date if the statement correcting the inaccuracy is given within 5 working days before the settlement date.
Advertising yourself as an "Agent" when holding a salesperson's licence
When you hold a salesperson’s licence under the Real Estate Agents Act 2008 (the REA Act), we recommend that best practice is to refrain from claiming to be a “licensed agent” in your advertising or promotional material.
Salesperson licensees can, of course, advertise themselves as a “licensed salesperson” or, as required under section 121 of the REA Act, simply note that they are “licensed under the Real Estate Agents Act 2008”.
The REA Act prescribes three different class of licences – an agent’s licence, a branch manager’s licence, and a salesperson’s licence. As the criteria, required qualifications, and what you can do under each class of licence is different, a salesperson licensee who holds out, or advertises themselves, as being licensed under a different licence class risks breaching the REA Act, the Client Care Rules and/or the Fair Trading Act, as their conduct could be misleading to clients and consumers.
Verifiable Training
Christchurch Verifiable Training - LAST CHANCE
Wednesday 6 & Thursday 7 March
Registration deadline Thursday 28 February - a $50 per person late fee will apply after this date.
Queenstown Verifiable Training
Wednesday 20 & Thursday 21 March
Registration deadline Thursday 14 March - a $50 per person late fee will apply after this date.
REINZ welcomes back Tom Panos
Modern Agent 2020! Wellington - Friday 17 May - Check out the poster
Note: Tom will also be presenting in Christchurch in 2019 - Info to come
REINZ presents the Anti-Money Laundering Roadshow - Part 2!
Practical, hands-on and detailed training.
Find your suitable session and book now.
Fresh Starter Auctioneering Course
A 2-day training course suitable for those who have called under 10 auctions or none at all!
An interactive, fun and lively session for those who want more practice and training that will also add 7.0 non-verifiable hours. Book now
Verifiable Dates for 2019
| Region | Dates | Location | |
|---|---|---|---|
| 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 |
Sector Events
South Island Rural Seminar
Tuesday 26 March, 10am - 2.30pm
REINZ is returning to West Melton on Tuesday 26 March for a four hour South Island rural seminar the day before the start of South Island Agricultural Field Days in Kirwee.
Join MC Paul Cunneen to listen to a range of speakers deliver bespoke content to the rural sector. A panel of successful rural & lifestyle agents will share their vision on how to ‘Get your rural business engaged for the new financial year’.
Enjoy this unique networking opportunity with wider colleagues and other brands and earn 4.0 non-verifiable hours.
Commercial & Industrial Breakfast
Wednesday 10 April, 7.30am - 10am
REINZ is excited to have Rod Marler (Panuku Development Auckland), Stephen Selwood (Infrastructure New Zealand), Chris Cunniffe (Tax Management New Zealand) Cameron Bagrie (Bagrie Economics) and Lisa Gerrard (REINZ) speaking with us for our 2019 Commercial and Industrial Breakfast held at the Maritime Room, Auckland.
Sporting Events
REINZ 16th Annual Fishing Tournament - LAST CHANCE!
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
| March | |||
| REINZ Annual Fishing Tournament | 1 March | 8am - 5pm | Auckland Sailing Club |
| South Island Rural Seminar | 26 March | 10am - 2.30pm | Melton Estate, Christchurch |
| April | |||
| Commercial & Industrial Breakfast | 10 April | 7.30am - 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 |
Custom Territory: Create your own search area
Draw a custom territory and use it to extract the data you need, using the Market Insights Report or the Search Map.
Custom Territory enables you to use your customised area and apply it in the Market Insights Report to get median sales data.
Examples of custom territories created by our members:
- A waterfront
- A specific section of a suburb
- Several suburbs from a region
Try the REINZ Statistics Platform now!
Digital Product Training
Wednesday 27 February
Enhanced Statistics, 10am - 11am
PropertySmarts, 11.15am - 12.15pm
Thursday 7 March
eForms, 10am - 11am
FlexiSign, 11.15am - 12.15pm
Capital Gains Tax
Last Thursday, the Tax Working Group (TWG) released its recommendations for the proposed Capital Gains Tax (CGT). While the TWG suggests the tax may ease house prices, The Real Estate Institute is concerned that it may have a negative long-term effect - as it could disincentivise investment in rental homes, depleting stock; and create a 'mansion effect' as money is instead invested into the family home.
Bindi Norwell, REINZ Chief Executive spoke to 1NEWS on the matter.
Watch the interview here.
CGT for Lifestyle property owners
REINZ has raised concerns for lifestyle blocks owners in relation to the CGT proposals. Under the recommendations, lifestyle block greater than 4,500m2 would be required to pay CGT even if the property includes the family home. Given that 92% of lifestyle blocks sold last year were in excess of 4,500m2, this could have a significant impact for those living on lifestyle blocks and for agents selling these properties.
Read more on NZHerald.co.nz
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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.
