I'm being audited by MBIE. Looking forward to it.

[artemis]

Obviously MBIE are not going to look at every tenancy under management. I would be requesting information on how they will select which tenancies to audit.

I would also be asking if there has been a complaint made to them (or to the TT) by a current or former tenant.

The two may be linked.

[John the builder]

keys
I question whether as an agent of a landlord you can participate in what could be a incriminating process for the owner you represent.

unless you get some indemnity from MBIE that this is research only and no proceedings will follow I dont think you can hand over documents not specifically requested under the Act and for which their is no doubt MBIE have reason and power to see. At the very least you should advise them (your clients) of this interest from MBIE and ask permission for their information to be handed over.

Going to PM is an easy way to capture a whole lot of tenancies that otherwise MBIE would not be aware of?

i also note 123A
(2) The chief executive may by notice in writing require a landlord to produce to the chief executive any specified documents, or any documents of a specified class, that the landlord is required to retain under subsection (1)(b) to (d).
(3) A notice under subsection (2)—
(a) may be given only if the chief executive reasonably requires the documents for the purposes of the chief executive’s functions or powers under this Act; and
(b) may not be given any later than 12 months after the termination of the tenancy; and
(c) must specify the way in which the documents must be produced to the chief executive.
(4) A landlord commits an unlawful act if, without reasonable excuse, the landlord fails, within 10 working days after receiving a notice under subsection (2), to produce the documents to the chief executive in the way specified in the notice.


what are documents of a specified class and do these still have to relate to a specified tenancy??? Only a judge could determine this?

but there is a fine for failure to produce as an unlawful act of $1000 so courts would view this provision seriously?

[Keys]

Well, that was interesting. It turned out to be a general chit chat on my processes and forms. Nothing specific. Asked how we reported things to owners, managed maintenance, that sort of thing. Anyone with good systems should find it a breeze.

[John the builder]

no request for documents?

[Keys]

Yip. Voluntary though.

[artemis]

Sounds like MBIE may have pulled back a bit then. They said this last month:

In November 2016, the team audited five property management companies, asking them to provide evidence that smoke alarms were installed in each of their properties, and that all new tenancy agreements contained the compulsory insulation statement.

The audit found varying levels of compliance and required action from some of the companies to ensure they met their obligations.

“I’m happy to report that all five property management companies are now fully compliant following the audit.

http://www.mbie.govt.nz/about/whats-happening/news/2017/landlords-and-property-management-companies-put-on-notice-to-meet-tenancy-obligations

[Bean Counter]

This is quite an old thread.I trust the audit went well.I wonder how property managers feel about a financial audit?If you are in the MREINZ they have to be done.
There is also no requirement in nZ,as far as Im aware,for managers with managemet rights to be audited financially.They deal with some large tariffs coming in from
guests staying in apartments owned by someone else.

[flyernzl]

Have you seen MBIE's latest - The Landlord Compliance Checklist ?

Downloadable at https://www.tenancy.govt.nz/starting...nce-checklist/

[Perry]

Well, I eagerly anticipate a Tenant Compliance Checklist from the Ministry of Bungling and Inappropriate Expenditure.

But I wont be holding my breath.

Meantime, there's this.

[Perry]

The relationship to the RTA of this is what, exactly?

Do you keep your rent and bond records for seven tax years after the tax year to which they relate?