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Landlord terminations ahead of tenancy law change

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  • #31
    It is a gnarly one.

    A Trust cannot own a property because a Trust is not a legal entity. It is referred to as a legal obligation, as I understand it.

    Upon trust, the Trustees "stand possessed" of the Trust's assets.

    Therefore the Trustees are (while the Trust remains valid) de facto 'owners' of the property that they hold upon trust, pursuant to the obligations imposed upon them by the Trust Deed. It is the Trustees name[s] which will appear on the CoT.

    The RTA does not define 'owner' in its Interpretation section, so the word's meaning will be as prescribed by some other Act, I suppose.

    The Land Act
    owner—
    (a) means the owner of a legal or an equitable estate or interest in land; and
    (b) includes a person who has a future estate or interest in land

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    • #32
      Government Policy Causes Harm to Vulnerable Tenants

      As predicted by NZPIF and even by the Governments own Housing Ministry changes to the RTA are harming tenants – sometimes long term ones – some of whom under forthcoming RTA changes now present too much risk for private Landlords.


      NEW RTA LAW CHANGES WILL MEAN SOME TENANTS WILL FIND IT HARDER TO GET A RENTAL

      Northland residents struggling to find rental accommodation believe landlords are turfing them out ahead of new tenancy laws that come into effect next month. One Whangārei resident recently received 90 days' notice from her landlord after living in the house for 10 years. She has until April 12 to find a place, but the soaring cost of rentals and a lack of available houses is making it difficult. The heavy machine operator, who doesn't want to be named, believes laws that come into effect on February 11 could be to blame
      Source: https://www.nzherald.co.nz/northern-...LV6MVBOVEMMHM/
      MODERATOR NOTE

      The referenced item is behind a PayWall.
      Last edited by Perry; 28-01-2021, 02:45 PM.

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      • #33
        It does seem odd - a tenant of ten years being given notice.
        Perhaps she's 'taken in' someone who has caused the risk - unacceptable to the LL?

        One thing we can all be sure of . . .

        It's very unlikely that the present woodenheaded, socio-commie gummint members will resile and recant.

        As has been observed by Peter: their answer will be ever more regulation, rather than admit the present regulations are harmful and counter-productive to their intention.

        PS.
        Good to see this in the caption. Slow learners but some progress, perhaps?
        . . . whereas previously landlords didn't need to give a reason.

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        • #34
          Originally posted by Perry View Post
          It does seem odd - a tenant of ten years being given notice.
          Perhaps she's 'taken in' someone who has caused the risk - unacceptable to the LL?
          Perhaps historical instances of anti-social behaviour? We really don't know.

          What we do know is anti-social behaviour or disturbance of neighbourhood peace are now big concerns for Landlords according to NZPIF surveys. Bindi Norwell, chief executive at REINZ said warnings of the law change's unintended consequences have "largely been disregarded" and now things may start to get extremely difficult for rental property owners who will find they have limited abilities to remove difficult tenants.

          Originally posted by Perry View Post

          One thing we can all be sure of . . .

          It's very unlikely that the present woodenheaded, socio-commie gummint members will resile and recant.
          Yes, The sad reality is that the Government of the day won’t accept responsibility for the consequences of the laws it creates.

          I do feel for some tenants. When Landlords had the 90 day no reason-given termination option they could accept a riskier tenant profile. Now it’s more problematic.
          Last edited by Perry; 28-01-2021, 04:50 PM. Reason: Fixed typo

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          • #35
            Not only will the W'gton woodenheads not accept responsibility, they'll use their spin doctors to place the blame elsewhere. No prizes for guessing where.

            A sad, sorry shame that the NZPIF can not or will not organise 'industrial action' for / by their LL members.

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            • #36
              Originally posted by donna View Post

              Yeah, this is pure madness and shows total disrespect to property owners.

              cheers,

              Donna
              Given the opportunistic tenants out there I won't be surprised if they sell their tenancy assignments

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              • #37
                Rental law change 'casualties': evicted tenants fear homelessness
                20 Feb 2021
                Originally posted by Stuff
                Nikki Prier and her son, Cole, were served notice to leave their home of seven years the day before laws changed to ban no-reason-given terminations. Stuff has spoken to dozens of tenants throughout the Wellington region, who hold similar fears after being given notice in the days before the law change. At least one service reported a 60 per cent increase in tenants seeking help with no-reason-given terminations over the last three months compared with the same period last year.
                (Abridged)

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                • #38
                  Labour - nobel virtue signalling idealist - 100% successful at complete failure - yet again.
                  With such unbalanced, unjust laws - who would have guessed?
                  The three most harmful addictions are heroin, carbohydrates and a monthly salary - Fred Wilson.

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