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  1. #1
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    13,787

    Default Overseas Absentee LL

    How many of you have been through this 21-days-away process?

    From the minuscule amount I've seen, it looks excessively complex and convoluted.

    Far more than simply "appointing an agent in your absence."

    Quote Originally Posted by RTA
    16A Landlord must have agent if out of New Zealand for longer than 21 consecutive days
    (1) A landlord who is out of New Zealand for longer than 21 consecutive days must ensure that the landlord has an agent in New Zealand.
    (2) A landlord who does not already have an agent and who knows that he or she will be out of New Zealand for longer than 21 consecutive days must appoint an agent before he or she departs from New Zealand.
    (3) A landlord who does not already have an agent and who has been out of New Zealand for longer than 21 consecutive days must promptly appoint an agent.
    (4) A landlord who appoints an agent under this section must, immediately after appointing the agent,ó
    (a) notify the tenant of the agentís name, contact address, and address for service; and
    (b) if a bond is held in respect of the tenancy, notify the chief executive in the approved form of those particulars.
    (4A) For the purposes of subsection (4)(a), the following must be notified with the agentís contact address:
    (a) the agentís contact mobile telephone number (if any):
    (b) the agentís contact email address (if any).
    (5) An agent appointed under this section has, as against the tenant, all the rights and obligations of the landlord.
    (6) A contravention of any of subsections (1) to (4) is declared to be an unlawful act.
    When reflecting on my query, consider that the absence just so happens to be 23 days.
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  2. #2
    Join Date
    May 2004
    Posts
    2,470

    Default

    I've been a temp agent now and again. The owner and I filled out the form on the Tenancy Services website, gave a copy to the tenant and to the Bond Centre. EZ.

  3. #3
    Join Date
    May 2008
    Posts
    3,203

    Default

    If the landlord answered the tenants emails and txts immediately and then organised any tasks to be done straight away then I'm not sure how anyone would find out if the landlord was overseas.
    For 23 days absence I wouldn't bother.

  4. #4
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,549

    Default

    If everyone bothered. The system would fail. This is the process the legislators understand when they make these types of rules. Nobody will do it, it will not affect many, those which it does affect will get slammed because they were naughty.

    There are a myriad of rules and regulations which can be used but do not. Every day you (the reader) break them and do not get punished.

    It is a total cover your ass system for the rule makers.

    Edited to say.

    Have you ever heard the phrase "pushing the limit"? For those who use that phrase as a form of condemnation consider this: Who travels 48km/hour on a 50km/hour section of road? Pushing the limit would be considered traveling at 50km/hour.
    Last edited by Keys; 22-05-2018 at 08:22 AM.

  5. #5
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    13,787

    Default

    I tend to agree with the foregoing comments.

    But I now introduce another potential aspect.

    Brother and sister each have residential rentals.

    Sister goes o'seas for three months and give a PoA to her brother.

    Would that obviate the need for all the TS forms claptrap?
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  6. #6
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,549

    Default

    Nope. The TS forms will need to be filled out. In effect, the owner is giving the PM a limited PoA each time they sign an authority.


 

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