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Interest deductibility on investment properties

The government restores interest deductibility on investment properties

Updates on tax reform have been announced, with Associate Finance Minister David Seymour announcing that the government will reinstate deductibility for mortgage interest on residential investment properties.

The government will phase in interest deductibility on mortgage interest paid on residential investment properties. Landlords will be able to claim 80% of interest expenses from April 1 2024, moving to 100% from April 2025.

The modification to the interest limitation rule will be included in the Taxation (Annual Rates for 2023/24, Multinational Tax, and Remedial Matters Bill), which is currently undergoing review by a select committee.

The report on this bill is expected by 29 March 2024.

This announcement offers clarity for property investors seeking more precise details on the changes, especially for the 2023/2024 tax year. While some investors might be disappointed that the changes won’t take effect this fiscal year, this is being seen as positive news for property investors as it provides increased certainty and confidence in the market.

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Christchurch House Price Record Smashed

Click here to see the full article from OneRoof here.

‘Broke $9m’: Christchurch house price record smashed for second time in a matter of weeks

Christchurch’s house price record has tumbled for the second time in less than a month, after a large property on the hillside suburb of Scarborough sold off-market for more than $9 million.

Harcourts Holmwood agent Grant Chappell, who brokered the deal, told OneRoof he was unable to disclose much about the sale but he was confident it was a new high for the city’s housing market.

Last week, OneRoof reported industry rumours that prominent Christchurch developer Philip Carter had sold his luxury home on Whitewash Head Road, dubbed The Rocks and also in Scarborough, for more than $8m.

The sale price, which remains private, supposedly pipped the previous $8m record, jointly held by two properties – one of which sold at the start of March.

Chappell was unable to reveal the exact sale price of his Scarborough Hills property before settlement, but confirmed it “broke $9m”.

He said both the buyer and seller were private people who wished to remain anonymous.

However, he was able to reveal some details of deal. He said he had approached the owners of the property after receiving an expression of interest from a buyer.

They told him they would sell if he found them a smaller property in the suburb. “They just wanted to downsize a wee bit to get rid of all their land. They’ve bought a beautiful property close by which is of similar size, but they don’t have the big section to maintain anymore.”

Chappell said the vendors’ house had been rebuilt since the Christchurch earthquakes and was located in the “most magical setting”.

“You don’t look at another house, you don’t see any other roofs, you just look out and you just see the ocean and the beach. It’s a very, very magical site and approximately 2000sqm in size so it’s a big site and it’s got a magnificent garden.”

He said the house had “plenty of bedrooms and bathrooms, high specification features” and a swimming pool.

Chappell wasn’t surprised that Scarborough was home to two of the city’s most expensive homes because the cost of land per metre in the suburb was more expensive than other wealthy suburbs like Fendalton.

“That’s what people don’t realise. It’s so unique up there. It’s a unique part of the town,” he told OneRoof.

“To me, Scarborough is a hidden secret. If all the private schools were in Sumner, a lot more people would live in Scarborough and you’d get even more for the houses because there’s so few of them. It’s the most special part of the world – you go up there and Sumner Beach is in front of you, you can hear the ocean crashing on the beach. It is magnificent.”

Chappell told OneRoof he had also just completed another off-market deal in the $7ms for a 300sqm full-floor apartment with an upmarket fit-out in Upper House on Park Terrace.

He had been working with a couple looking for an apartment in the city so approached the owners, who had told him they were ready to move back to the suburbs and own a lawnmower again.

The above properties were among the five sales in Christchurch that surpassed the $7m mark in March. OneRoof understands the fifth sale to surpass this high threshold was a builder’s own home on Clifford Avenue, in Fendalton.

Chappell said the latest record was a big jump from when he sold two large houses on Fendalton Road, in Fendalton, for just over $2.7m in 2001, which made headlines at the time for being the city’s new record. He did not think it would be too long until Christchurch saw its first $10m sale, adding it would easily happen within the next two years if not before.

“There’s money out there. I look at all the people who have done all these deals and you look at them and we’ve got an ageing population, we’ve got people reaching retirement age and they’ve sold their businesses, they’ve worked hard and all of a sudden there’s a bit of money floating around.” All the buyers he had worked with on these deals were over the age of 60 and from Christchurch.

While Christchurch prices still lag behind Auckland and Queenstown, when it comes to the upper end (the top price in Auckland is just under $40m and the top price in Queenstown is over $40m), they pointed to confidence in the market.

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Just a month-by-month tenancy, thanks!

There is no such thing in the Residential Tenancies Act (RTA) as a month-by-month tenancy, however, we are sometimes asked to give a tenant a months’ notice, so let’s clear this up.

The closest thing to a month-by-month tenancy is a short fixed-term tenancy. However, if a short fixed-term tenancy exceeds 90 days, it is then deemed to be a periodic tenancy, and it was still a ‘fixed-term’. Most of the time residential property managers deal with either periodic, or fixed-term tenancies.

It’s very important to know the differences between a periodic tenancy and a fixed-term tenancy for both landlords and tenants, so that both parties understand their commitments under the RTA and the right type of tenancy is selected.

 

Periodic tenancy

A periodic tenancy agreement has no end date. It continues until either the tenant or the landlord gives written notice to end it. Landlords must use one of the prescribed reasons in the RTA, and the notice period is either a minimum of 63 or 90 days’ notice. A tenant on a periodic tenancy only has to give 28 days’ notice.

 

Fixed-term tenancy

A fixed-term tenancy agreement is for a set period – e.g., 12month term. There is no maximum length for a fixed-term tenancy and the length of the term must be included on the tenancy agreement.

You can’t ‘give notice’ to end a fixed-term tenancy before the end date of the fixed term.

Once a fixed-term ends, the tenancy will automatically become periodic unless the landlord gives notice using one of the prescribed reasons in the RTA. They must give the tenant a minimum of 63 or 90 days’ notice, regardless of the end date for the fixed term. The only proviso is that the notice period must not end before the end of the fixed term, but it can go past the end date.

The tenant must give at least 28 days’ notice to end the tenancy prior to the end of the fixed-term, if they want the tenancy to end on that date, or the tenancy will become periodic. Once a tenant is within 28 days of the end of the fixed term, it is treated as a periodic tenancy, and they are only required to give 28 days’ notice to vacate.

 

Ending a fixed term tenancy early

Generally, a landlord or tenant cannot give notice to end a fixed-term tenancy early. However, there are limited exceptions to this rule, and some other options available if the landlord or tenant wants to end a tenancy early.

Landlords and tenants can agree to end the tenancy early

Fixed-term tenancies can only be changed if the landlord and tenants agree. Any agreement must be in writing and include what’s been agreed to. If a tenant breaks their fixed-term and the landlord has to find another tenant, the landlord may charge a fee for ending the fixed-term early. These fees should only be their actual and reasonable costs. For example, the cost to advertise for new tenants. A tenant may request to assign their tenancy, and the request that must be considered by the landlord.

Withdrawal from a tenancy following family violence – Important

A tenant who experiences family violence during a tenancy can remove themselves from the tenancy by giving the landlord at least 2 days’ written notice in the approved form (with qualifying evidence of family violence) without financial penalty or the need for agreement from the landlord. This applies to both fixed-term and periodic tenancy agreements. Victims of family violence do not need to apply to the Tenancy Tribunal to end their tenancy.

Sadly, property managers are receiving applications for removal from tenancies using this provision in the RTA. Disclosing notice of withdrawal or accompanying qualifying evidence of family violence is an unlawful act, which may result in a penalty paid to the tenant of up to $3000, or a complaint to the Office of the Privacy Commissioner. We are therefore unable to provide the reason for termination to the remaining occupants or tenants. We can however provide the reason for termination to the landlord, but we still need to be careful with what information we disclose, in order to protect the tenants right to privacy.

 

Termination by notice for physical assault by tenant

A landlord can give written notice of at least 14 days in the approved form to terminate a tenancy, if the tenant has physically assaulted the landlord, the owner, a member of the landlord or owner’s family, or the landlord’s agent, and the Police have filed a charge against the tenant in respect of the assault. Landlords will need to provide qualifying evidence of the charge being filed.

Landlords and Tenants can apply to the Tenancy Tribunal

 

Severe hardship – landlord or tenant

If a landlord or tenant has an unexpected change in circumstances, they can apply to the Tenancy Tribunal to end the tenancy, however this can be a high bar to achieve, particularly for a landlord.

If the applicant will suffer from severe hardship if the tenancy continues, the Tribunal may decide to end the fixed-term early at a date the Tribunal determines is appropriate. For this to occur, the hardship of the applicant (if the tenancy continues) would need to be greater than the other person’s (if the tenancy ends early). The landlord and tenant should discuss the change in circumstances first and try to reach an agreement.

The tenant can also apply to the Tribunal to end the fixed-term early if their rent has increased by a large amount. The Tribunal may do this if the increase is an amount that:

  • the tenant couldn’t have expected when they signed the tenancy agreement, and
  • will cause them serious hardship.

 

Changes to body corporate rules

If a rental premises is part of a body corporate and there is a change to body corporate rules that negatively affects the tenant, they can apply to the Tenancy Tribunal to end the fixed-term tenancy early.

 

The Tenancy Tribunal may order compensation

When the Tenancy Tribunal elects to end a fixed-term tenancy early, it may also order compensation to be paid. The person wanting the fixed-term to end may have to pay compensation to cover any costs incurred by the person who didn’t want the tenancy to end.

 

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End of Financial Year Tips for NZ Landlords

End of Financial Year Tips for NZ Landlords

Published on: 20 Feb, 2024

 

As the end of a financial year approaches, landlords have an opportunity to assess their property investments and make strategic changes to optimise returns. Proactively reviewing finances, scrutinising deductible expenses, reviewing and adjusting rent, and assessing insurance cover, can help landlords to maximise return and get the most out of their property investment.

  1. Conduct a comprehensive financial review

Before diving into the new financial year, landlords need to conduct a thorough review of their property’s financial performance. Analysing financial metrics, including rental income, expenses, maintenance costs, and any outstanding debts, can help landlords identify areas for improvement and set realistic goals for the coming year.

  1.  Claim depreciation and rental property expenses

Owning an investment property offers landlords an opportunity to claim certain expenses at tax return time. Deductible expenses relating to the cost of generating rental income, not including costs for private use, can be offset to significantly reduce taxable income and boost overall return on investment.

  1. Review and adjust rent

Market conditions and economic factors influence rental demand and property values, so it’s important for landlords to periodically review and adjust rental rates to reflect current market trends. Conducting a comparative market analysis provides insights into rental rates in the local area and allows landlords to check that their rents remain competitive.

  • Annual rent reviews help landlords keep up with market rents and optimise cash flow to assist with maintenance costs.
  • Adjusting rent appropriately not only maximises rental income but also helps attract and retain quality tenants, ultimately improving the property’s long-term profitability.
  • Evaluate the current rental market in the area and compare against similar properties. Work with a Harcourts property manager who can help determine a realistic rent
  • If justified, consider adjusting the rent to align with current market rates.
  • Be mindful of the Residential Tenancies Act, which governs rent increases and sets out the rules for providing notice to tenants.
  1. Check insurance cover

Insurance is a critical part of property management, ensuring landlords are adequately protected against tenant-related losses. Conducting an annual insurance review helps landlords check that their insurance policies cover essential risks such as property damage, liability, and loss of rental income. Factors such as changes in property value, renovations, or additions could also require adjustments to insurance coverage levels.

  • Review the property insurance policy to ensure it aligns with current needs.
  • Check that the policy adequately covers potential risks, including natural disasters, vandalism, and liability issues.
  • Consult with an insurance adviser to assess coverage and explore any available discounts or improvements.

Getting the most out of property investment is about planning ahead, making well-informed decisions, and working with experts – such as Harcourts property managers and Mortgage Express financial advisers – who can help pave the way for ongoing success in New Zealand’s property market.

Source: mortgage-express.co.nz

 

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Putting Your Rental on the Market for Sale

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.

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Christchurch Real Estate: October 2023 Update

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

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The Great Gumboot Friday Gala Auction

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.

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The Great Gumboot Friday Gala Auction

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.

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Housing Improvement Regulations 1947

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

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Christchurch Real Estate: June 2023 Update

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