Landlord e-newsletter No. 7: November/December 2008
Smart Tips for Tenancy Tribunal Applications
In the last three months, the Department of Building and Housing has experienced a 16% increase in the number of Tenancy Tribunal applications. The summer season between November and April brings a predictable increase in work load for the Tenancy Tribunal.
Landlords can help make sure their applications are processed as quickly as possible by following these tips:
- Check all the names are described correctly. Use full names of the business, company, trustees of the named trust and so on.
- Apply on line with electronic attachments. You will get to the front of the queue quicker.
- Help our ‘SWIFT’ telephone mediation service work by including all phone and email contacts for all parties and check they are correct before you file.
- If possible, avoid filing in late January. This is the busiest time of the year.
- You can beat the rush by applying between Christmas and New year. The Department is open during this time.
- Use a 10 working day letter and Tribunal Application combination so your application can be processed when the 10 working day period expires. Ring 0800TENANCY to find out more first.
- Let the Department know any holiday plans you have when you file. If you apply and then disappear, your application might be dismissed.
- If you have a number of applications to make, try to make them in a bunch to increase the chance of them being scheduled together.
- Call the Department if you have not received an email with your application number within 2 working days of filing it.
Further seminars scheduled for new landlords
The Department of Building and Housing is running more education seminars in 2009 in conjunction with the New Zealand Property Investors Federation and the banking industry.
These seminars are extremely well-received by attendees. They are designed to help new landlords get to grips with running their rental property effectively.
The seminars are for landlords who have little or no experience in the New Zealand rental market.
You can register to attend here: http://www.dbh.govt.nz/landlords-events-contacts
The schedule of seminars next year is:
| Date |
Start |
Finish |
Location |
| 17/02/2009 |
7pm |
9pm |
Invercargill |
| 16/03/2009 |
7pm |
9pm |
Dunedin |
| 24/03/2009 |
7pm |
9pm |
Ponsonby |
| 28/04/2009 |
7pm |
9pm |
South Canterbury |
| 28/04/2009 |
7pm |
9pm |
Northland |
| 29/04/2009 |
7pm |
9pm |
Taumaranui |
| 29/04/2009 |
7pm |
9pm |
Otara |
| 13/05/2009 |
7pm |
9pm |
Wellington |
| 13/05/2009 |
7pm |
9pm |
Henderson |
| 20/05/2009 |
7pm |
9pm |
Hamilton |
| 25/05/2009 |
7pm |
9pm |
Nelson |
| 27/05/2009 |
7pm |
9pm |
Glen Innes |
| 10/06/2009 |
7pm |
9pm |
Mt Albert |
| 11/06/2009 |
7pm |
9pm |
Lower Hutt |
| 23/06/2009 |
7pm |
9pm |
Christchurch |
| 24/06/2009 |
7pm |
9pm |
Tokoroa |
| 15/07/2009 |
7pm |
9pm |
Masterton |
| 12/08/2009 |
7pm |
9pm |
Tauranga |
| 25/08/2009 |
7pm |
9pm |
Levin |
| 17/09/2009 |
7pm |
9pm |
Hastings |
| 8/10/2009 |
7pm |
9pm |
Palmerston North |
| 13/10/2009 |
7pm |
9pm |
Whakatane |
Record, Sign and Seal to sort out tenancy problems
Even the best landlords and tenants can run into problems that need sorting out. Usually the best way of doing this is to come to an agreement between yourselves.
However, it’s important to remember that if you agree on a solution together, you should record all the terms of this agreement in writing and both sign it.
For more serious situations, for example if you think you may eventually have to lodge a Tenancy Tribunal application, you should get this agreement ‘sealed’ by a Department of Building and Housing mediator.
If you do this, the agreement becomes enforceable, which means that if one of you breaks the agreement then the other person can have the agreement enforced through the Courts.
Many seasoned landlords deal with tenancy issues, both big and small. Under the Residential Tenancies Act there are specific ways set out to deal with these situations. For example, you can serve a 10 working days’ notice or file an application to the Tenancy Tribunal.
Most landlords will try to discuss the issue with their tenants first, to avoid having to go through the entire Tenancy Tribunal process. This is where good practice is important and where ‘sealing’ your agreement can help both of you.
‘For example, if you agree with your tenant that they’re going to repay your rent arrears on top of their existing rent payments, you should record this agreement, both of you should sign it and then get the agreement sealed by one of our mediators,’ says Jeff Montgomery of the Department of Building and Housing.
Another example is where a tenant’s circumstances change and they want to break a fixed term tenancy so they can move out sooner.
‘Instead of taking them to the Tenancy Tribunal to enforce the tenancy agreement, you may agree to release them from the agreement by allowing them to give 21 days’ notice and give you a contribution towards the advertising costs for finding a new tenant,’ Jeff says.
’What you are doing is agreeing to a variation to the original tenancy agreement. Again, you should record it, sign it and seal it.’
Applications to get an agreement sealed can be made at online or by calling 0800 TENANCY for a form.
Tenants with English as a second language? We can help
We have a series of ‘Renting and you’ booklets that you can give to your tenants in their own language. Go to General information about renting
Communicating clearly with tenants who have English as a second language is important and these resources can help you manage your tenant relationship better.
Tackling ‘P’ in your rental property
Police are discovering up to four P labs every week. Most of these are being found while they are carrying out other duties. Most of the manufacturers of this drug are highly mobile and move on to new addresses regulary. Occasionally, a manufacturer will take advantage of a tenancy where a landlord does not carry out regular inspections.
Landlords need to be careful and check that the property has not been used to manufacture P. The Tribunal has recently ruled that renting out contaminated premises is a breach of a landlord’s obligation to provide premises in a reasonable state of cleanliness.
The Department has downloadable tools on our website as well as an information sheet on how to discover P manufacturing activity manufacture located here: http://www.dbh.govt.nz/properties-manufacture
There are private businesses providing property owners with P test checks and P detection devices and which landlords might want to use for ongoing monitoring during inspections.
Insulation subsidies for landlords with low-income tenants
Landlords can get a subsidy of 60% on insulation and other energy efficiency measures, for existing rental properties occupied by low-income tenants. You can find the criteria and application process here:
http://www.energywise.govt.nz/funding-available/landlords.html
Flatting advice for your tenants
The Department of Building and Housing has launched a new website called www.flatting101.co.nz.
Aimed primarily at students and first-time renters, Flatting 101 gives advice and information about finding a flat, signing a tenancy agreement, resolving problems, enjoying a hassle-free flatting lifestyle, the rules renters are expected to follow, and legal advice.
Check out www.flatting101.co.nz or call 0800 TENANCY (0800 836 262) for information and advice
Landlord of the Year
Andrea and Andrew Elliott of Dunedin are winners of Landlord of the Year 2008, the first year the NZ Property Investors’ Federation and Department of Building and Housing have offered the award.
“We were delighted to sponsor the Landlord of the Year Award,” said Jeff Montgomery, Manager Client Services Department of Building and Housing. “The award recognises excellence amongst landlords. Each finalist had positive relationships with their tenants and sound management practices, with the result being a successful rental portfolio. It also shows that landlords who join Property Investors’ Associations benefit from ongoing education and ‘get it right’ when managing their properties.