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  • who is the landlord?

    If you employ a property manager who does the tenancy agreement who is officially the landlord,the owner or P manager?
    Cheers

  • #2
    You need to read the Residential Tenancies Act.

    Originally posted by RTA
    landlord, in relation to any residential premises that are the subject of a tenancy agreement, means the grantor of a tenancy of the premises under the agreement; and, where appropriate, includes—
    (a) a prospective landlord; and
    (b) a former landlord; and
    (c) a lawful successor in title of a landlord to the premises; and
    (d) the personal representative of a deceased landlord; and
    (e) an agent of a landlord
    The TA would ordinarily be issued by the PM. It should include the PM and owner's name.
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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    • #3
      I suspect that the definition of "Landlord" is causing some confusion.

      Most people assume that the Landlord is the owner of the property.

      Just recently, one of the media reporters obtained some statistics from government sources on how many Landlords there were in NZ, and a breakdown of the number of properties owned by each.

      To our utter amazement, these figures seemed to reveal that there were some Landlords that owned 200+ properties. Quite at odds with various NZPIF/APIA surveys.

      However, with a little thought the reason soon became evident. These 200+ Landlords were, of course the property management companies - Harcourts, Ray White, Barfoots.

      As far as MBIE is concerned the Landlord is the person/entity that signed the bond form, the only document they receive when a new tenancy starts.
      Unless they took the trouble to search the title (unlikely) Tenancy Services would have no idea as to who actually owns the property, they just know about the person who signed the bond form.

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      • #4
        Technically the Property Owner is landlord, unless a Property Management Agreement has given responsibility to the Property Manager to act "on their behalf". The most important part is that it should be stated clearly on both agreements (Property Management & Tenancy) who is responsible and contactable for any emergencies and inspections so that the tenants are not confused (which can lead to a breakdown in communication). If you can elaborate on the situation, you may get a more clarified answer.

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        • #5
          There's also the matter of the easiest tragedy syndrome.

          If the TT Kangaroo Kourt can't nail the PM, then aim will be taken at the owner. And vice versa.

          I vaguely recall it was Glenn who mentioned some precedent like that.
          Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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          • #6
            Originally posted by flyernzl View Post
            As far as MBIE is concerned the Landlord is the person/entity that signed the bond form, the only document they receive when a new tenancy starts..
            Ah - statistics, the great lie.

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            • #7
              So if the owner ends a contract with the PM--does it require a change of landlord form ?

              when the PM is running things can the owner bring the tenant to the tribunal? Or is that kind of thing out of the owners hands,in terms of the ability to do so.(since the owners name is not on the tenancy agreement)
              Last edited by skid; 25-05-2017, 06:19 PM.

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              • #8
                I would say yes - no - yes to all of the above questions.

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                • #9
                  Some PMs list themselves and the owner on TAs.

                  What do you do, Keys?
                  Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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                  • #10
                    I have both myself as agent acting for owner's name on my TA
                    Kaye
                    www.streetsaheadpm.co.nz

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                    • #11
                      As Kaye does.
                      www.3888444.co.nz
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                      • #12
                        You definitely need to do a Change of landlord/agent form.
                        Jeremy Barker
                        Hamilton Property Management
                        www.hamiltonpm.co.nz

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                        • #13
                          So - you PMs - what are the pros and cons of your TA choice?
                          Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

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                          • #14
                            Cons. The tenant can find the owner.
                            Pros. The owner can enforce any order.
                            Not sure of any other.
                            www.3888444.co.nz
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                            • #15
                              Owner as Landlord, PM as agent and address for service.
                              Tenants could use LINZ website to look up owner of property in any case. Could just be a trust name which may stop at that point unless PPOR also owned by trust.
                              If it's under a company then can check on the companies office website.
                              Landlords can enforce any order.
                              If owner taking over will need to do change of landlord bond form if agent had signed lodgement form with their PM company as Landlord.

                              Good points on statistics flyernzl and Wayne.
                              Rentex Limited Property Management - Est. 1988

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