September Newsletter - 1st Sep 2016

September Newsletter Hello,
Welcome to Spring and with it comes daffodils, lambs and daylight savings. Yippee!
So far 2016 has seen the biggest impact on legislation in the property management sector for many years with changes to the Health and Safety Act in April 2016 which now classifies private landlords and property management companies as PCBUs (Person Conducting a Business or Undertaking). There were new regulations in July 2016 around the installation of smoke alarms, and insulation in rental properties, and the big game changer has been the Appeal Court ruling with regards to the Osaki Case where tenants can not be pursued for careless damage to a rental property if the owner has insurance.  
The changing face of tenant/landlord relationships – The Osaki Case:
A recent practice note from Tenancy Services is a clear indication of how things are changing for private landlords. Gone (it seems) are the days when common sense prevailed and DIY landlords were the norm. Now property managers are constantly having to upskill and stay abreast of rapidly changing legislation. For example landlords should now be aware that -
In any claim against a tenant for damage the landlord must show that on the balance of probabilities the damage occurred during the tenancy and it exceeds fair wear and tear. Only then the tenant must show that the damage was not intentionally caused. Where it is established that the damage was careless the landlord must disclose if the premises are insured and provide the Tribunal with a copy of the insurance policy. Where the landlord is insured for the damage caused by the tenant’s carelessness then the tenant is not liable! And it gets worse…
If the damage was caused by a fire, flood or explosion caused by the tenant then the tenant is not liable regardless of whether the landlord has insurance for that event or not.
The moral of the story is to ensure that you have adequate insurance cover on any rental property you own. Also check that you are covered in your policy for intentional damage, not all policies cover for this, it can be an optional extra in some policies.  
If you are a private landlord looking after your own rental property then you need to stay up to date with all legislation relating to the Residential Tenancies Act and Tenancy Tribunal cases.
Did you know: MBIE (Ministry of Business, Innovation and employment) now have ‘Investigative Units’ whose job it is to investigate certain complaints from tenants (the likes of insufficient maintenance, cold or damp houses etc.) and, the investigative units can take Tenancy Tribunal action against landlords on the tenants behalf!
Next disbursement date:
15 September & 3 October 2016
Investment property for sale
One  of our property owners is looking to sell a very tidy 2 bedroom unit in The Wood (central     Nelson) it is currently rented for $360.00 per week. For further information click on the link or       contact Darryl Marshall on 027 443 7205
Kind regards,
Haven Property Management.

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