Residential Tenancies

Updates to the Residential Tenancies Act 1986

On 5th August 2020, the Residential Tenancies Amendment Bill passed its 3rd reading in the House and will come into effect as the Residential Tenancies Amendment Act 2020 after Royal Assent. Although the majority of changes will only kick in after a six-month period, giving time for tenants and landlords to be aware of their new obligations and rights. The Act will have a direct impact on both tenants and landlords.

Leases – Setoff Against Outgoings

A recent decision Drake City Limited v DJ Tasman-Jones & Anor (High Court, Auckland 20 December 2016) concerned a lease for one of the restaurants in the Victoria Park Market precinct.  There were arrears under the lease and the tenant had gone into liquidation.  The guarantors were being pursued for sums due.  These included unpaid…

Unit Titles and Leasing

Leasing unit titles is more complex than other forms of leasing. The Unit Titles Act 2010 (UTA) and the body corporate operational rules will prevail over the lease. The landlord might only have a very small say in how that plays out. This depends on their individual voting power. There is another layer of rights…