What you need to know when putting your rental on the market for sale

Published on: 22 Jan, 2024

Source: Harcourts.net

 

Section 47 of the Residential Tenancies Act 1986 (RTA) states that if at any time after entering into a tenancy agreement, the landlord puts the premises on the market for the purposes of sale or other disposition, the landlord must, as soon as practicable, give written notice to the tenant.

Furthermore, when a landlord is offering a property for rent, the landlord shall inform any prospective tenants if the premises are on the market for the purposes of sale or other disposition.

Failure to do so is an unlawful act and may attract exemplary damages of up to $1800 payable to the tenant. In addition to the exemplary damages payable to the tenant, a landlord who fails to inform prospective tenants that the property is on the market commits an infringement offence and is liable to a fine or an infringement fee of $500 to $3000.

If you are planning to put your rental property on the market, speak to your Harcourts property manager first to ensure that your tenants, or prospective tenants are notified as required in the RTA. When selling a rental property, get your property manager involved from the start as they can often negotiate better terms for access with your tenants than a salesperson who doesn’t have an existing relationship with your tenants.

Your Harcourts property manager will also be able to recommend the right salesperson to achieve the best result.

Jo Abel, Harcourts Christchurch/South Island Regional Manager, shares her latest view on the property market in Christchurch.

The Christchurch market carried on its steady form throughout October 2023. Days on market held constant at 29 days. A good sign of the continued demand from confidant buyers, which has lent itself to increasing Auction success with a notable number of brought forward sales and multi-offers, often prompting seller readiness.

This trend is likely to continue in the short to mid-term.Realestate.co.nz had a 7% increase in unique visits from buyers looking online from September to October. They also recorded the October number of new listings in the region as less than September, by 5.2%. The result is less to choose from for those ready to move once combined with October number of sales, up month on month – October 2023 achieving 553 residential sales, compared with 526 in September 2023. So far, the median price has remained level. There have been reports of increased investor interest and new mortgage applications since the election, further supporting a competitive residential market to close out 2023.

October marked a switch of Christchurch’s main buyer group. From the predominantly first home buyer driven purchases so far this year, to more property being acquired by those already in home ownership, who may have moved for a host of lifestyle reasons; bigger house, smaller yard or new school location but continue to call Christchurch home.

One area yet to catch up from the post-covid slowdown is the year-on-year number of new dwellings consented. In the year ended September 2023 Canterbury had 7,209 (down 17 percent). A large amount of land was made available for sections previously and is ready for these builds to occur. Some appear to be slowly moving back towards housing companies who, with more security, can get the finance and make the properties available to a wider audience upon completion. With no clear indications ofthe post-election meetings currently, some observers and would-be buyers continue to hold back. Which promises are National being tested on? Will it affect the statements made pre-election towards tax, interest deductibility and Brightline for the housing market. The wait continues.

Following a busy time in Christchurch where racing and fashion or perhaps long weekend gardening and getaways took the focus, the sprint to Christmas begins. Each year the holiday deadline causes a flurry of decisions and be-in-by-Christmas moves, until the market stops and turns its attention to an optimistic new year.

The Christchurch market looks set for more of the same into the new year. Buyers have become more obliging to work with current interest rates where finance is possible, the OCR held for a third time, with November suggested to be a forth and house prices don’t appear to have any great changes on the horizon. Through curiosity and confidence, the Christchurch market continues on its merry way as the celebration season builds its momentum for another year

REINZ FIGURES

Median $679,000  |    Average $750,523

HARCOURTS FIGURES

Median $720,500   |    Average $816,095

While the All Blacks were putting in the hard work, we threw our weight behind the I Am Hope Foundation and Gumboot Friday with our very own ‘The Great Gumboot Friday Gala Auction.’

Our incredible community came to the party, donating prizes and bidding up a storm! We are humbled to announce that we raised over $36,000, equating to 250 life-saving counselling sessions for young people throughout New Zealand. We all understand the importance of personal wellbeing, however, for many young New Zealanders, their mental health is vulnerable, the work of the I Am Hope Foundation is entirely dependent on donations and we feel privileged to have been able to actively support this vital work.

Join us for an unforgettable evening at The Great Gumboot Friday Gala Auction by Harcourts Holmwood!

Providing free access to counselling for children in need is a cause we are incredibly passionate about at Harcourts Holmwood. This year, we are throwing all our effort behind raising as much as we can to support the mental health of our children in Aotearoa.

Support a great cause and make a difference with us as we rally behind Gumboot Friday and the I Am Hope Foundation. Your $25 ticket (BOOK HERE) includes a warm welcome with a glass of bubbles and delectable cocktail food. Come together for a night of generosity, community, and giving back. Don’t miss out on this special event.

Browse our Auction catalogue with some incredible items awaiting for you to bid on:

The I AM HOPE Foundation has one goal – positive societal attitudinal change. They know our youth struggle with distressing self-talk and overthinking, leaving them feeling isolated and alone. When they are shown that these thoughts are universal, they can give our kids a better life. Over the past 10 years, the I AM HOPE Foundation has spoken and listened to over 300,000 kids in schools from the top to the bottom of New Zealand. They have created books for our youngest kids, barista trained struggling youth, and enabled free counselling for over 10,000 young people. Harcourts Holmwood wants to ensure that I AM HOPE continues to do this important work.

We would like to extend our heartfelt thank you to our incredible sponsors who have donated their time and items to be auctioned. To our event sponsors and those who have provided their services to make this event possible, we are so thankful for your support.

Dig deep and bid on the amazing items and packages that are on offer. Your generosity is greatly appreciated and will help many young New Zealand children receive the support they deserve.

Published on: 24 Jul, 2023

Our property management sector has been focused on the healthy homes standards for several years now, however it’s important to note that since 1947 and the introduction of the Housing Improvement Regulations, houses have been required to meet minimum standards of fitness and landlords must comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises.

We have included an abbreviated version of the Regulations below:

Minimum standards of fitness for houses

Any house shall have the following:

a) an adequate room used, intended to be used, or capable of being used as a living room;
b) a kitchen or kitchenette;
c) a room used, intended to be used, or capable of being used as a bedroom;
d) a bathroom;
e) a water closet, or, if for any good reason that cannot be provided, some other form of privy, for the exclusive use of the occupants of the house; and
f) if the house accommodates, is intended to accommodate, or is capable of accommodating more than two persons, adequate provision for washing clothes.

Living Room
Every living room shall be fitted with a fireplace and chimney or other approved form of heating.

Kitchen

There shall be in each kitchen or kitchenette—

a) an approved sink with a tap connected to an adequate supply of potable water; and
b) adequate means of preparing food and of cooking food, both by boiling and by baking.

There shall be provided for each kitchen or kitchenette adequate space for the storage of food, so placed, fitted, and ventilated as to protect the food from flies, dust and other contamination, and from the direct rays of the sun.

Bathroom

Every bathroom or water closet compartment shall have as one of its sides an external wall in which is fitted at least one window directly opening to the external air unless other adequate means of ventilation are provided to the satisfaction of the local authority.

Drainage

  1. The site of every house shall, to such extent as the local authority deems necessary, be provided with efficient drainage for the removal of stormwater, surface water, and groundwater. No house shall be occupied which is built on land which is not adequately drained or which is subject to periodic flooding in times of normal rain.
  2. Every house shall be provided with gutters, downpipes, and drains for the removal of roof water to the satisfaction of the local authority.
  3. Under every part of every house where the floor is of timber construction there shall be adequate space and vents to ensure proper ventilation for the protection of the floor from damp and decay.

Dampness

Every house shall be free from dampness.

Maintenance

The materials of which each house is constructed shall be sound, durable, and, where subject to the effects of the weather, weatherproof, and shall be maintained in such a condition.
The walls and ceilings of every habitable room, bathroom, kitchen, kitchenette, hall, and stairway shall be sheathed, plastered, rendered, or otherwise treated, and shall be maintained to the satisfaction of the local authority.

Every room in every house shall be adequately floored so as to have a washable and durable surface, and every floor shall be kept in a good state of repair free from crevices, holes, and depressions.

Every house and all the appurtenances and appliances of every house shall at all times be kept in a state of good repair.

Recent Tenancy Tribunal orders are referencing the Housing Improvement Regulations 1947 if the Healthy Homes Standards compliance date has not yet been reached for a rental property, in particular, heating in the living room, drainage and that every house shall be free from dampness.

Source: https://legislation.govt.nz/regulation/public/1947/0200/latest/whole.html#DLM3505

Harcourts New Zealand has taken home the gold at the 2023 REINZ National Real Estate Auctioneering Championships, with five of its own taking top honours ahead of scores of competitors.

Auctioneering stalwart Mark McGoldrick of Harcourts Holmwood – Ilam 2 in Christchurch claimed the Premier Division as a worthy winner and will represent New Zealand at the Australasian Auctioneering Championships in Sydney later this year.

The competition drew an extremely high calibre of auctioneers, with chief judge of the event Mark Sumich saying, “The two days of intense competition showcased a crucial skill within the real estate industry. Our challenge is to ensure that the competition is a test of capabilities and that the bar gets lifted each year. Without Harcourts numerical presence the entire competition would be a lot weaker. Auction is a preferred method of sale in Harcourts so it’s great when their auctioneers come through to test their skill in the REINZ competition. The company act as a barometer for auctioneering nationwide.

I want to congratulate everyone who took part in the competition but especially so to Mark McGoldrick who has worked tirelessly in his craft for over a decade to secure this win.”

Harcourts Managing Director Bryan Thomson says, “To have the Premier Division winner come from the Harcourts auction stable as well as upcoming stars make their mark on this contest, really illustrates not only the potential in our organisation, but also the depth of expertise and commitment to excellence of those coming up through our team across the country. We are thrilled at the success we have achieved at this prestigious event.”

Congratulations to all who competed and represented Harcourts during this year’s REINZ National Real Estate Auctioneering Championships!

Jim Davis, Harcourts Christchurch/South Island Regional Manager, shares his latest view on the property market in Christchurch.

The release of the latest REINZ data for the month of January will no doubt bring some huge headlines in the media over the coming weeks. In fairness the hard data does not look good, depending on which aspect of the market you are most interested in.

Up until now, the major effects of the economic downturn have been felt mainly across the north Island. However, looking at the January figures for Christchurch, you can feel that the impact is starting to bite here a little more as well.

The announced result of 246 sales across all Christchurch city for the month of January is the second slowest month on record, only beaten by the result immediately following the earthquakes. In reality January is always a slow month and sales numbers are usually low, purely because the country is pretty much on holiday then. However, the stats as I have said, tell us this one was worse than usual. This trend has been growing in recent months where we have been seeing that sales volumes slip away as the market has reacted to all the media commentary, the economic situation and associated warnings.

When sales volumes drop we also typically see a drop in prices, and the reduction of the Christchurch city median to

$622,000 reflects this. Once again we don’t really know if this low median actually reflects the overall current market reality going forward, or whether it’s an aberration as a result of low sales volumes. I did say back in December that we won’t get a real reading on the state of our local market until this same time next month when the February figures are released. Both the January result and to a certain extent December are impacted especially by annual holiday season inactivity, but in February we settle back into the real market – once the schools are back.

Locally here in Christchurch Harcourts sales results for our team are rather interesting for this last month.

We still have the same number of consultants running round the city as we did in January last year and surprisingly we listed exactly the same number of properties this January compared to last. However, we had a drop off in the number of Auctions listed vs other methods. The amount of listed property we have on hand as stock, has started to climb a bit more lately as we have maintained listing numbers – but experienced the market drop in sales volumes. Currently we have some 1400 or so properties as stock on hand, but that number is still considerably less than the levels that were typical pre- covid. In terms of properties sold in January, we sold 12% more this January than we did in the corresponding month last year (note: against the market trend). Like the market, what stock we did sell was hit by values, and we had a 7% drop in average sale price over all the property we sold in comparison to January 2022.

So what does all that mean for you if you are interested or thinking about engaging with the local Christchurch property market?

REINZ stats tell us that the whole market overall experienced a significant drop in sales numbers and median value in January. But Harcourts in Christchurch over the same period listed the same volume as last year and sold more than the previous year as well. This indicates we are outperforming and achieving more sales than our competitors at an increasing rate especially now when the overall market is tougher. More and more people entering the market are realising as the sales volumes shrink, if you want to increase your chances of a sale you need to be with Harcourts. There is no benefit looking at a “cheap and cheerful” option for sale in this climate, as its obviously not working that well in a lot of cases.

The strength of our numbers and our training is showing through in our increasingly dominant market share in these tougher times, and the results we are achieving no matter which way you look at it, are outstanding for our clients. If you are serious about selling, then we are the company to assist in this area as the statistics signify.

REINZ FIGURES

Median $622,000  |    Average $702,190

HARCOURTS FIGURES

Median $695,500   |    Average $776,627

But that was January. What’s happening now at the coalface, the troops are reporting that open homes are getting busier each week. A typical property might be getting anywhere from 20-30 people at their open homes. With exceptional properties still achieving 100 visitors or close to it occasionally. Its apparent that people are out there having a look and numbers are slowly growing. A media report last week mentioned a large increase in the volume of sales being madeto the first home buyer segment of the market as they start looking to take advantage of current prices, and this has been reinforced by a number of our consultants.

There is no doubt that the investor market is still holding off, but first home buyers as mentioned, are starting to swing into action or thinking about it, especially now that there are small signs that we might be seeing interest rates top out soon. Looking at current rates, most banks have created an incentive to lock in two years. I also think that the indication a few banks have started to drop their 5-year rate supports the theory that perhaps rates are at or close to the top of the curve. I heardanother media commentator mention they had heard banks are struggling to meet their own internal lending targets with the drop off in sales, so there are definitely deals to be had in the finance world if you are talking to the right people.

On that point if you are a serious buyer in the current market, I suggest you ensure you are talking with a Mortgage Advisor to ensure you are seeing as many of the available loan options as possible. As a potential buyer I think you should utilize all the help you can when securing a loan and to also ensure you are getting the best deal around that suits you.

Another widely touted view is that there is sometimes a standoff happening between some vendors and purchasers. While this can happen with people who either don’t need to sell or people who don’t need to buy, it has to be said that some offers are so out of kilter, they can almost be seen as insulting by some owners.

It’s commonly said that the market is now in a “buyers’ market” phase, and property can almost be considered, to be “on sale” now in comparison to a year or so ago. So, if you are not buying now when property is “on sale” when will you buy or rather what else are you waiting for? If you’rewaiting for the bottom of the market, please let us all know when that will happen, because most of us never get that right.

For those of you who are in the market or are thinking about stepping into the market for whatever reason, give your local Harcourts office a call. We really are confident that we are your best chance at getting you the result you want in these ever-changing times.

Harcourts Foundation support Nurse Maude Hospice to purchase new equipment.

Keeping up to date with equipment for patient use in the Hospice Palliative Care Service will be a little easier for Nurse Maude Hospice, Christchurch, thanks to a grant from the Harcourts Foundation.

Nurse Maude is “delighted” to have been granted $4,890 to purchase two replacement syringe drivers and said, “These syringe drivers help us support patients in the community, in the Hospice inpatient facility and in aged care, by assisting in the effective management of symptoms such as pain and nausea and are invaluable in helping each patient live every moment in whatever way is important to them. We are so grateful to Harcourts for their continued support of Hospices and always getting behind us.”

Hospice NZ chief executive Wayne Naylor says, “Every year, hospices around Aotearoa New Zealand rely on grants and fundraising to purchase much needed equipment to support the care of people with a terminal illness and he appreciates the continued support of Harcourts Foundation in order to do so. This year, Harcourts has supported eleven hospices with $50,000 to buy critical items such as diagnostic equipment, pain relieving syringe pumps, hospital style beds and chairs. This equipment helps keep people at home with whānau and friends and lets them enjoy life surrounded by the things and people they love.”

In return, Harcourts Holmwood business owner Tony Jenkins, who works closely with Nurse Maude Hospice said, “it’s an honour to work together with Hospice NZ on this special programme and to give back to the local St. Albans community. We have a huge amount of respect for what hospice achieves in our community and our entire team in our office supports the benefit that it gives.”

Harcourts NZ Managing Director Bryan Thomson says ‘This year we are delighted to have given the largest sum to date of $49,408 into the Hospice Grants Programme. The Harcourts Foundation funding for Hospice NZ has been distributed into communities such as Ashburton, Auckland, Whakatane and Blenheim to Nelson, Christchurch, Rotorua, and Invercargill enabling the amazing work that hospice do, to help people from many regions. The grants have been distributed to 11 hospices nationwide – cover costs for items ranging from pulse oximeters and mattresses to syringe drivers and transport beds.

He continues, “Alongside extending our commitment to the Hospice Grants Programme for the sixth year, we have increased the grant total from $225,000 to $275,000. This is in addition to thousands of dollars being distributed every three months by the Harcourts Foundation to other community groups, schools and initiatives, and represents its largest grant each year.

Image: Harcourts Holmwood business owner Tony Jenkins with Jane Rollings, Hospice Palliative Care Service Manager and Raewyn Jenkins, Clinical Nurse Educator form Nurse Maude Hospice.

About Harcourts Foundation

Harcourts launched Harcourts Foundation in 2008 which makes us 15 years old! Our promise is simple; to provide support that helps grow and enrich our communities. With 100% of the funds raised going straight to the charities who need it most, we’ve been able to provide grants totalling more than $7.7 million internationally to support local community groups. We’re incredibly proud of the work the Harcourts Foundation and its many supporters are doing to help to change lives and make dreams come true.

Through the Harcourts Foundation, we also support the Hospice NZ Grants Programme which provides all member hospices with the opportunity to purchase much needed equipment.  Every donation to the grants fund directly supports Hospices from the far north to the deep south to continue their work, enabling people to live every moment in whatever way is important to them.

The Harcourts Foundation is also a proud supporter of Gumboot Friday. Since 2019 Gumboot Friday has raised over $6million for free kids counselling. This has paid for over 20,000 sessions for just under 10,000 kids. The average cost per session is $138. In November 2022, the Harcourts Foundation raised $167,652.814 which will pay for over 1215 counselling sessions for our young people who need support.

Happy New Year

Welcome, 2023! With everything we experienced in 2022, we know it is likely to be another year full of challenges and change. The team from Harcourts Property Management are excited about the opportunities that 2023 will bring, and would like to wish you all a happy, healthy, and prosperous year ahead.

The Cost of Filing Tenancy Tribunal Applications

At a recent Tenancy Tribunal hearing, a landlord made a claim against the tenant for rent arrears, costs such as cleaning, and costs associated with alleged methamphetamine contamination of the premises.

The landlord claimed that the premises were damaged by methamphetamine contamination during the tenancy to the extent that the premises were not habitable and needed to be decontaminated. However, no methamphetamine test was conducted immediately before the tenancy began and a pre-tenancy test is usually required for the landlord to establish if the premises were contaminated prior to the tenant moving in.

There are other means to prove contamination if a pre-tenancy methamphetamine test was not conducted, however, the evidence must be compelling. For this particular case, there was no evidence provided to suggest that the current tenant was responsible for the methamphetamine contamination of the property.

Due to the seriousness of the allegations, the tenants engaged legal counsel. As the tenant was represented by legal counsel, the Tribunal had the power to award costs.

The tenants, represented by legal counsel, filed a memorandum seeking costs and the Tribunal made an award of $2,500 to the tenant. This amount was awarded firstly, due to the serious allegations that methamphetamine was used, and possibly manufactured on the premises, and that the landlord made this application without considering what evidence was required to prove it.

econdly, because the tenant was largely successful against all the allegations claimed by the landlord, the tenant had their name and identifying details suppressed from the Tenancy Tribunal order.

A landlord must consider the validity of any allegation and what evidence they have before making an application to Tenancy Tribunal. Property managers should advise landlords on the possible success of any claims and provide a professional opinion as to whether they should proceed. There may be times when a property manager declines to represent a landlord if the case does not have legitimacy.

When extensive alterations, refurbishment, repairs, or redevelopment are required

Section 51 of the Residential Tenancies Act – Termination by Notice

A landlord may terminate a periodic tenancy, or a fixed term tenancy on or after the end date, by giving at least 90 days notice if:

Extensive alterations, refurbishment, repairs, or redevelopment of the premises are to be carried out by the landlord or owner, and—

(i) it would not be reasonably practicable for the tenant to remain in occupation while the work is undertaken; and

(ii) the work is to begin, or material steps towards it are to be taken, within 90 days after the termination date.

What should be considered before terminating the tenancy using this provision in the Residential Tenancies Act 1986 (RTA)?

When considering extensive renovations to a property and potentially terminating a tenancy, consider first whether the work could be performed with the tenant living in the property, or if the tenant could simply move out for a short period of time.

If the tenant simply needed to vacate the premises for a short period of time, could they leave their belongings at the property or would they need to remove their belongings? In the case of renovating a bathroom, is there another bathroom that they have access to? In some cases, temporary bathrooms can be provided for the occupier to use during a bathroom renovation.

Consult with your tradespeople about whether it is practicable for your tenants and their belongings to stay in the property while the work is being carried out and how long the work will take. If it would be impractical for the tenant to stay, get this in writing, the reasons why, and how long the work is expected to take. You may be required to provide proof that the work was extensive enough to require the property to be vacant and the tenancy to terminate.

If the tenant can stay

If the tenant can stay at the property, consult with them about how long the work will take and what will be involved. Consider offering the tenant a rent reduction to compensate them for any inconvenience the renovation may cause. If they need to vacate for a short period of time and can do so, then the tenancy can continue. Landlords are not required to provide somewhere else for the tenants to stay, and tenants that move out while work is being performed are not required to pay rent until they are able to move back into the property. Any agreements that are made must be recorded in writing with all parties receiving a copy of the agreement.

Only give notice using this provision IF the notice is legitimate

Landlords and their property managers must not use this provision to terminate a tenancy if the reason is not legitimate, as they would be committing an unlawful act.

Landlords cannot act to terminate a tenancy without grounds

It is an unlawful act for a landlord to give notice to terminate a tenancy or apply to the Tribunal for termination knowing that they are not entitled to do so.
Retaliatory notice

A notice can be deemed ‘retaliatory’ if the Tribunal considers that the notice to terminate the tenancy is not legitimate and the motivation by the landlord is not for the reason stated. A ‘retaliatory notice’ is where a landlord gives notice to a tenant to end a tenancy in retaliation for a tenant standing up for their rights. For example, if the tenant made a complaint about the tenancy such as requesting maintenance to be carried out.

It is an unlawful act for a landlord to issue either a termination notice without grounds or to issue a retaliatory notice. The Tenancy Tribunal can award exemplary damages payable to the tenant of up to $6,500.

Family Violence and Physical Assault Regulations

Provisions relating to family violence and physical assault are in force. Regulations to support these changes were finalised on 1 December 2022 and came into effect on 29 December 2022.

These regulations enable:

  • tenants to withdraw from a tenancy by giving at least 2 days’ written notice to a landlord where a tenant has been subjected to family violence – while a tenant
  • landlords to terminate a tenancy with 14 days’ written notice where the tenant physically assaults the landlord, the owner, a member of the landlord’s or owners’ family, or the landlord’s agent.

Family Violence Regulations

If a tenant has been subjected to family violence, they can provide their landlord with at least two days written notice accompanied by qualifying evidence to withdraw from their tenancy.
Qualifying evidence of family violence can be:

  • a statutory declaration from the withdrawing tenant
  • a copy of the first page of a Protection Order
  • a copy of a Police Safety Order
  • a copy of a charging document relating to family violence against the withdrawing tenant or
  • a written statement (such as a letter or email) or statutory declaration from a person specified as able to provide evidence of family violence.

These documents must have been issued or completed during the withdrawing tenant’s current tenancy to be used as evidence. Protection Orders issued earlier than this are also permitted if the withdrawing tenant also provides a written statement that they have been a victim of family violence while in their current tenancy.

When there are other tenants

If there are remaining tenants, the tenancy continues. The withdrawing tenant must give notice of the withdrawal to the other tenants no later than 2 days after their withdrawal from the tenancy. This does not have to be done in person, and no evidence of family violence or other information needs to be shared. A failure to notify any remaining tenants does not invalidate the withdrawal notice.

The amount of rent for which the remaining tenants are liable is reduced for 14 days following the withdrawal. This is based on the number of tenants at the property. After 14 days, the rent will return to the normal rent payable, as per the tenancy agreement.

Only the tenants, landlord or property manager will receive the statement or declaration, which they must keep confidential and can only disclose in very limited circumstances. A landlord may not challenge whether the family violence did or did not take place. If the documents are not completed properly or are not completed by a prescribed person, the landlord can challenge the notice by filing an application in the Tenancy Tribunal.

Physical Assault Regulations

If a landlord, owner or property manager has been physically assaulted by a tenant, or a member of their family has, they can end the tenancy with at least 14 days written notice accompanied by qualifying evidence.

Evidence can be in the form of a Police charging document in respect of the physical assault or a letter from Police that a charge has been filed in relation to the physical assault by the named tenant.

The landlord does not need to apply to the Tenancy Tribunal to end the tenancy, but they must give written notice that includes certain information and at least one form of evidence of the physical assault. When issuing the notice, the landlord must also advise the tenant in the notice that they have the right to challenge the notice through the Tenancy Tribunal. If a tenant challenges the notice of termination, the tenancy remains in place until the Tenancy Tribunal arrives at a decision.

What is physical assault?

Physical assault is defined as the act of intentionally applying force to the person of another, directly or indirectly.

Other actions a landlord can take

A landlord can apply to the Tenancy Tribunal to end a tenancy if the tenant has caused or threatened to cause substantial damage to the property or assaulted or threatened to assault certain people. These reasons also apply if the tenant causes or permits another person to do the same, for example an associate or family member. This type of application would be treated as an urgent application by the Tenancy Tribunal.

In addition, if a breach of a tenancy is incapable of remedy and is of such an extent that it would be inequitable to refuse to make an order terminating the tenancy, the Tenancy Tribunal may make an order to terminate the tenancy.

Tenancy Start and End Times

Tenancy days start and end at midnight, therefore we cannot demand that tenants leave the premises and return keys before midnight on the last day of a tenancy.

For example, if a tenant gives notice to vacate on the 15th of the month, they have possession of the premises until midnight on the 15th. To collect the keys at midnight is impractical, so we would expect the keys to be returned, or to meet the tenant, collect keys, and do a walk-through, on the morning of the 16th which is the morning after the termination date of the tenancy.

If you are selling your property or planning to move back in, you will need to keep this front of mind.

Always give your property manager several working days after a tenant has vacated to get a property inspected and up to standard before taking possession of the premises. This ensures that any issues that may arise at the end of a tenancy can be dealt with before settlement or the owner takes back possession of the property.