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Category: Property & Real Estate

  • Allocation of Gardening Costs

    26 February 2020

    Landscaping around a building can make a significant difference to the on-site amenity and to the property’s street appeal for prospective purchasers. Depending on the layout of a unit title development, gardens and lawns may be located on common property, or form part of an owner’s principal or accessory unit, or a combination of both. Issues, however, can arise when the standard of gardening is not uniform across a development, or when the costs of gardening are not properly apportioned.In ...

  • Future Proofing your Contracting-Out Agreement

    11 February 2020

    We encourage you to have your contracting-out agreement reviewed regularly and to have any new agreement “future proofed” to avoid the agreement being challenged in Court.Contracting-out agreements are private contracts between parties who have agreed to “opt” out of the equal sharing regime under the Property (Relationships) Act 1976 (“PRA”). The effect of opting or contracting out of the PRA means parties have chosen to agree between themselves on how to classify and divide their property without the law surrounding ...

  • Contracts of guarantee are ubiquitous in the commercial and personal legal landscape.

    10 October 2019

    In our experience, they are sometimes agreed to as an afterthought when the primary agreement terms have already been negotiated in detail and are just as quickly forgotten when the dust has settled.A contract of guarantee (Guarantee) is a contract under which a person (Guarantor) agrees to answer to another person (Obligee) for the debt default or liability of a third person (Obligor). A Guarantor does not directly undertake the obligations of the Obligor. The Guarantor assumes liability only when ...

  • Government announce changes to KiwiBuild and home ownership products

    10 October 2019

    Following the 4 September 2019 press release, the Government has announced new initiatives to help more New Zealanders into homes. These new initiatives will be achieved through what the Government is calling a “KiwiBuild Reset”.At a glance, this KiwiBuild reset includes:new ways for people to become home owners, such as shared home ownership schemes a name change for the KiwiSaver HomeStart Grant: it will now be called the First Home Grant deposits being reduced to 5% for new and existing homes the First ...

  • Residential Tenancies Act 1986 Update (Part Two): Tenant Liability for Damage, Unlawful Residential Premises, and Contamination of Premises

    10 October 2019

    Part Two of our Residential Tenancies Act Update considers a number of further changes to the Act, which took effect from 27 August 2019.Tenant Liability for DamageWhere a tenant carelessly causes damage to the premises, the tenant’s liability for that damage is limited to a maximum of four weeks’ rent or the insurance excess (if the landlord is insured) whichever is the lesser. However, where the tenant damages the premises intentionally or through an act or omission that constitutes an ...

  • Doing Things by the Book

    10 July 2019

    Non-compliance with the procedural requirements of the Unit Titles Act 2010 can lead bodies corporate into strife. The Tenancy Tribunal decision, Martin v Body Corporate 71725 [2019] NZTT Christchurch 9010441, provides a useful reminder of the importance of doing things by the book.In Martin v Body Corporate 71725, a number of unit owners applied for orders relating to Body Corporate 71725’s (Body Corporate) failure to comply with the Unit Titles Act 2010 and Unit Titles Regulations 2011. The primary issues ...