Outstanding auction success

On Wednesday 25th January, Harcourts Holmwood achieved outstanding success in their auction rooms with all four properties listed for auction, selling under the hammer.

With five properties programmed for sale, one sold prior to auction. The four properties that sold under the hammer today, each had multiple bids.

Tony Jenkins, CEO of Holmwood Real Estate said, “today was a great day in the auction rooms and we are beyond thrilled for our vendors and buyers.” He continued, “there is a lot of conversation around the Real Estate market and auction as a method of sale. Today we have proven that there is still great activity in the Christchurch market for all price ranges, and auction is indeed a great way for people to buy and sell.”

With listings and prices ranging from a modest section in New Brighton to an established four-bedroom home in Ilam, buyers were a plenty in our auction rooms.

For further information, please contact Tony Jenkins CEO of Harcourts Holmwood on 0274 432 2896 or tony.jenkins@harcourts.co.nz.

About Harcourts

Harcourts was founded in Wellington in 1888 and remains proudly Kiwi owned. Harcourts New Zealand has 205 offices and over 2600 sales consultants nationwide. We specialise in residential, commercial, and rural property sales and provide property management services. Harcourts has been at the forefront of the real estate market in New Zealand for 134 years. Today, Harcourts International has over 900 offices in nine countries around the world. Our success has been built on ensuring our people have the knowledge, expertise and tools to achieve the best possible results for our customers. *We are also proud to be New Zealand’s Most Trusted real estate brand. *Readers Digest Most Trusted survey, 2013-2022.

At Holmwood, inspiring and motivating the growth of our people is a top priority to us. We are dedicated to providing opportunities that empower our agents to reach their full potential! For this reason, we are very excited to announce Harcourts Holmwood SuperStart: Ignite 2023!  🎉💙

We had so much fun last year, that we couldn’t help but do it all again!

SuperStart: Ignite 2023 will be bringing an all-new line-up of speakers from all around New Zealand and beyond, as well as sessions from some of our very own!
Stay tuned to our Facebook and Instagram as we introduce them in the coming weeks!

Jim Davis, Harcourts Christchurch/South Island Regional Manager, shares his latest view on the property market in Christchurch.

With just one week to go until Christmas day, it’s fair to say the interest in the property market locally will not be a high priority for most people over the next few weeks! However, for those of you who are in the market currently or perhaps are thinking about what your options and choices are over the holiday season then the following information may be helpful.

There are a lot of comments out in the marketplace currently and the current situation is best summed up by the following statement. “Buyers are again weighing up the likely impact on mortgage rates with current downward pressure on property prices. Those thinking of selling are again looking at the market and asking, ‘is this the right time?”

So, is this the right time?

All I can say is that you have all the information currently available, and all the information indicates that Harcourts in Christchurch should be the brand of your choice. The right time is when you are ready and if you are ready then now is as good a time as any. The bigger decision is choosing the right person and the right company to represent you. It’s interesting that even some of the builders and developers who previously did it all themselves are now asking Harcourts to help sell their stock. If you need any more convincing this data might help:

REINZ Figures:
Median $680,000
Average $767,140

Harcourts Figures:
Median $715,000
Average $790,433

You have all the facts; all you need to do is decide whether “the time is right now?”
If so, Harcourts is the logical choice.

Donate a gift and bring a smile to a child’s face, who otherwise might go without.

A vital part of the Holmwood culture is giving back to our community. This Christmas we will once again be supporting Cholmondeley Children’s Centre.

Cholmondeley Children’s Centre provides short-term emergency and planned respite care and education to children aged 3-12 years whose families are experiencing genuine stress or crisis. Their aim is to give these children the opportunity to build their resilience, while issues at home are resolved. We are extremely proud to support this important charity.

You Can Help Too!

  • Gifts needed for children aged 3–12 years
  • If you’re having trouble deciding on a gift, gift vouchers from retailers like Toy World and Farmers are great too
  • Donations of new, non-perishable food items or Christmas Hampers are welcome
  • For monetary donations please visit cholmondeley.org.nz/support-us/donate

We are collecting presents for these children under the Christmas tree in our Auction Room. If you would also like to support this worthy cause, please bring your gifts to the upstairs reception of our head office at 397 Ilam Road before midday on Wednesday 7th December (unwrapped).

You can also visit www.cholmondeley.org.nz to read more about the amazing work Cholmondeley do in the community to help families flourish.

Thank you for your continued support.

Harcourts is thrilled to have been awarded the Reader’s Digest Quality Service Gold Award in real estate agencies, as voted by the people of New Zealand, for the sixth year in a row.

We know that working with a real estate brand that truly understands your needs when it comes to buying, selling or investing is what really matters, so we are delighted that you have voted with your feet and yet again given us your gold seal of approval.

“In a challenging market in a year full of change, it is humbling to see first-hand that the team at Harcourts has yet again got the vote of confidence from New Zealanders,” says Harcourts New Zealand Managing Director Bryan Thomson.

“It is Harcourts’ consistent commitment to service excellence that has been instrumental in us retaining the Gold Quality Service Award for six years and the Reader’s Digest Most Trusted Award for 10 consecutive years. We are proud of our people from all across New Zealand and what they deliver but even when we know we are winning awards such as this, our people continue to strive to be the best. This is what keeps Harcourts at the top.”

This year’s Reader’s Digest Quality Service awards are based on five pillars: understanding, consistency, simplicity, satisfaction and personalisation. Market research agency, Catalyst, surveyed 1,620 New Zealanders who were asked to nominate a service provider in a wide range of categories, including real estate agencies. To qualify to vote in a category, the respondent must have used a service provider from that industry.

In the research our clients told us that “Harcourts have a knowledgeable team who go the extra mile” and that “Harcourts went over and beyond what they expected.” Reader’s Digest says it is confident that the Quality Service survey results for 2023 are a truly accurate measurement of New Zealand consumer sentiment.

If you’re buying or selling property,
we’re here to help.

Section 45 of the Residential Tenancies Act – Landlord responsibilities

Section 45(1) of the Residential Tenancies Act 1986 (RTA) lists the Landlord Responsibilities, with the most important, or perhaps most obvious responsibilities being at the beginning, which is where we will focus for the purpose of this article.

It is important to be aware that failure by the landlord to comply with any of paragraphs (a) to (ca) below is declared to be an unlawful act and may attract exemplary damages payable to the tenant of up to $7,200. In recent cases, the Tenancy Tribunal has awarded tenants $4,000 in exemplary damages for premises being provided to tenants when they do not meet a reasonable state of cleanliness.

(a) Provide the premises in a reasonable state of cleanliness – It is a reasonable expectation for anyone moving into a new home, whether a purchaser or a tenant, or even hiring an Airbnb or a hotel room, that the premises are reasonably clean, and it is the landlord’s responsibility to ensure a rental premises meets this standard. Your Harcourts property manager understands the ‘reasonably clean’ standard, however interestingly, tribunal adjudicators have stated in tribunal decisions that there is an expectation that landlords will professionally clean a rental premises between tenancies, therefore acknowledging that there is a difference between the expectation of ‘reasonably clean’ when a tenant vacates, to the standard expected of ‘reasonably clean’ when a tenant moves in.

“The landlord shall provide and maintain the premises in a reasonable state of repair….”.

(b) When a tenancy commences, the property must be provided in a reasonable state of repair. It is an unlawful act to provide a property in disrepair, and rather to get the work performed after a tenant has moved in.

The next requirement is that the premises must be maintained in a reasonable state of repair. This includes any fixtures or fittings, or chattels. For example, if the property is rented with an alarm system and the alarm stops working during a tenancy, the landlord must repair or replace it. This is the same as an old fridge. You cannot include an item on the Tenancy Agreement in an ‘as is where is’ state, and then decide not to repair it. In this case, the landlord would be well advised to remove any item they do not intend to maintain.

Interestingly in the past few years since the Healthy Homes Guarantee Act became law, the healthy homes standards (HHS) are cited in complaints and referenced in tenancy tribunal hearings when properties are not in good repair, however not all homes are required to meet the healthy homes standards, yet.

All private rentals must comply with all five of the healthy homes standards within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024.

The healthy homes standards provide minimum standards for heating, ventilation for kitchens and bathrooms, moisture ingress and drainage, insulation (additional to 2019 legislation) and draught stopping.

Providing and maintaining premises in a reasonable state of repair has nothing to do with the healthy homes standards and has everything to do with being a requirement of the Residential Tenancies Act 1986.

Maintenance Examples vs Healthy Homes

Drainage– A standard property is likely to already have a drainage system that includes gutters, downpipes, and drains, and these need to be kept clear and working as part of the requirement to maintain a property in a reasonable state of repair. Therefore, landlords should have the gutters cleared regularly if this is necessary to ensure the drainage system is working properly. The HHS has simply made it law that all properties must now have efficient drainage systems.

Heating – Since 1947, it has been law that all properties must have a heating source in the living room, not just rental premises. Although some interpreted this to mean that a power point in the living room was sufficient as a heater can be plugged into the power point, this argument has not held up in recent tribunal cases. So, prior to the HHS, any heating source was acceptable, however now, the HHS heating standard states that the heat source must be fixed, efficient and meet the minimum heating capacity for the main living room.

Ventilation – If a property had an extraction fan in the bathroom, then it needs to be working. With the HHS, extraction fans must be ducted outside and any new fans since July 2019 must meet minimum requirements. Regardless, they must always be in working order.

Draught stopping – For the HHS draught stopping standard, landlords must make sure the property doesn’t have unreasonable gaps or holes in walls, ceilings, windows, skylights, floors and doors which cause noticeable draughts. However, a property in a reasonable state of repair does not have holes in the wall and it would be completely unreasonable to rent a property in this state. We don’t need the healthy homes standards to tell us this.

A property is not required to have a healthy homes assessment done between each tenancy, because quite simply, it is already legislated in the RTA that the premises must be maintained. So, once a property has been upgraded, or appliances installed, it is the landlord’s responsibility to ensure that these are maintained and are in good working order for the duration of the tenancy.

(ba) Smoke alarms – Smoke alarms protect both the occupants/tenants and the property, and Harcourts encourages all landlords to comply with industry best practice and have the supply and testing of smoke alarms outsourced. Your Harcourts property manager can recommend suitably qualified and experienced companies for this service.

(bb) Healthy homes compliance – Landlords must meet the healthy homes standards by the compliance date for their current tenancy, or by 1 July 2024, whichever is sooner. Harcourts advice is to meet the standards as soon as possible to retain great tenants.

(bd) Contaminants – There are regulations being developed by Government setting out acceptable levels of meth contamination, however these are not in place yet. Always get advice from your Harcourts property manager if you suspect that your property may be contaminated.

(c) Compliance – Landlords have an obligation to ensure that any premises that are rented must be lawful and in good condition and must comply with all legal requirements before being rented out. This includes requirements around buildings, health, and safety.

There are other responsibilities listed on Section 45(1) (included) which are likely to be selfexplanatory. Contact your Harcourts property manager if you have any questions.

Section 45 – Landlord Responsibilities

(1) The landlord shall—

(a) provide the premises in a reasonable state of cleanliness; and

(b) provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and

(ba) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and

(bb) comply with the healthy homes standards; and

(bc) [Repealed]

(bd) comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)(c); and

(c) comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and

(ca) if the premises do not have a reticulated water supply, provide adequate means for the collection and storage of water; and

(d) compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—

(i) the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and

(ii) the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so; and

(e) take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the premises.

This article was featured in Property Management Focus Issue 10, 2022.

 

Section 45 of the Residential Tenancies Act –
Landlord responsibilities

Section 45(1) of the Residential Tenancies Act 1986 (RTA) lists the Landlord Responsibilities, with the most important, or perhaps most obvious responsibilities being at the beginning, which is where we will focus for the purpose of this article.

It is important to be aware that failure by the landlord to comply with any of paragraphs (a) to (ca) below is declared to be an unlawful act and may attract exemplary damages payable to the tenant of up to $7,200. In recent cases, the Tenancy Tribunal has awarded tenants $4,000 in exemplary damages for premises being provided to tenants when they do not meet a reasonable state of cleanliness.

  • Provide the premises in a reasonable state of cleanliness – It is a reasonable expectation for anyone moving into a new home, whether a purchaser or a tenant, or even hiring an Airbnb or a hotel room, that the premises are reasonably clean, and it is the landlord’s responsibility to ensure a rental premises meets this Your property manager understands the ‘reasonably clean’ standard, however interestingly, tribunal adjudicators have stated in tribunal decisions that there is an expectation that landlords will professionally clean a rental premises between tenancies, therefore acknowledging that there is a difference between the expectation of ‘reasonably clean’ when a tenant vacates, to the standard expected of ‘reasonably clean’ when a tenant moves in.

“The landlord shall provide and maintain the premises in a reasonable state of repair….”.

  • When a tenancy commences, the property must be provided in a reasonable state of It is an unlawful act to provide a property in disrepair, and rather to get the work performed after a tenant has moved in.The next requirement is that the premises must be maintained in a reasonable state of repair. This includes any fixtures or fittings, or chattels. For example, if the property is rented with an alarm system and the alarm stops working during a tenancy, the landlord must repair or replace it. This is the same as an old fridge. You cannot include an item on the Tenancy Agreement in an ‘as is where is’ state, and then decide not to repair it. In this case, the landlord would be well advised to remove any item they do not intend to maintain. Interestingly in the past few years since the Healthy Homes Guarantee Act became law, the healthy homes standards (HHS) are cited in complaints and referenced in tenancy tribunal hearings when properties are not in good repair,however not all homes are required to meet the healthy homes standards, yet.

All private rentals must comply with all five of the healthy homes standards within 90 days of any new or renewed tenancy after 1 July 2021, with all private rentals complying by 1 July 2024.

The healthy homes standards provide minimum standards for heating, ventilation for kitchens and bathrooms, moisture ingress and drainage, insulation (additional to 2019 legislation) and draught stopping.

Providing and maintaining premises in a reasonable state of repair has nothing to do with the healthy homes standards and has everything to do with being a requirement of the Residential Tenancies Act 1986

Maintenance Examples vs Healthy Homes

Drainage– A standard property is likely to already have a drainage system that includes gutters, downpipes, and drains, and these need to be kept clear and working as part of the requirement to maintain a property in a reasonable state of repair. Therefore, landlords should have the gutters cleared regularly if this is necessary to ensure the drainage system is working properly. The HHS has simply made it law that all properties must now have efficient drainage systems.

Heating Since 1947, it has been law that all properties must have a heating source in the living room, not just rental premises. Although some interpreted this to mean that a power point in the living room was sufficient as a heater can be plugged into the power point, this argument has not held up in recent tribunal cases. So, prior to the HHS, any heating source was acceptable, however now, the HHS heating standard states that the heat source must be fixed, efficient and meet the minimum heating capacity for the main living room.

Ventilation If a property had an extraction fan in the bathroom, then it needs to be working. With the HHS, extraction fans must be ducted outside and any new fans since July 2019 must meet minimum requirements. Regardless, they must always be in working order.

Draught stopping – For the HHS draught stopping standard, landlords must make sure the propertydoesn’t have unreasonable gaps or holes in walls, ceilings, windows, skylights, floors and doors which cause noticeable draughts. However, a property in a reasonable state of repair does not have holes in the wall and it would be completely unreasonable to rent a property in this state. We don’t need the healthy homes standards to tell us this.

A property is not required to have a healthy homes assessment done between each tenancy, because quite simply, it is already legislated in the RTA that the premises must be maintained. So, once a property has been upgraded, or appliances installed, it is the landlord’s responsibility to ensure that these are maintained and are in good working order for the duration of the tenancy.

(ba) Smoke alarms Smoke alarms protect both the occupants/tenants and the property, and Harcourts encourages all landlords to comply with industry best practice and have the supply and testing of smoke alarms outsourced. Your property manager can recommend suitably qualified and experienced companies for this service.

(bb) Healthy homes compliance – Landlords must meet the healthy homes standards by the compliance date for their current tenancy, or by 1 July 2024, whichever is sooner. Harcourts advice is to meet the standards as soon as possible to retain great tenants.

(bd) Contaminants – There are regulations being developed by Government setting out acceptable levels of meth contamination, however these are not in place yet. Always get advice from your property manager if you suspect that your property may be contaminated.

Compliance – Landlords have an obligation to ensure that any premises that are rented must be lawful and in good condition and must comply with all legal requirements before being rented out. This includes requirements around buildings, health, and safety.

There are other responsibilities listed on Section 45(1) (included) which are likely to be self- explanatory. Contact your property manager if you have any questions.

Section 45 – Landlord Responsibilities

  • The landlord shall—
    • provide the premises in a reasonable state of cleanliness; and
    • provide and maintain the premises in a reasonable state of repair having regard to the age and character of the premises and the period during which the premises are likely to remain habitable and available for residential purposes; and

(ba) comply with all requirements in respect of smoke alarms imposed on the landlord by regulations made under section 138A; and

(bb) comply with the healthy homes standards; and

(bc) [Repealed]

(bd) comply with all requirements in respect of contaminants imposed on the landlord by regulations made under section 138C(3)(c); and

  • comply with all requirements in respect of buildings, health, and safety under any enactment so far as they apply to the premises; and

(ca) if the premises do not have a reticulated water supply, provide adequate means for the collection and storage of water; and

  • compensate the tenant for any reasonable expenses incurred by the tenant in repairing the premises where—
    • the state of disrepair has arisen otherwise than as a result of a breach of the tenancy agreement by the tenant and is likely to cause injury to persons or property or is otherwise serious and urgent; and
    • the tenant has given the landlord notice of the state of disrepair or made a reasonable attempt to do so; and
  • take all reasonable steps to ensure that none of the landlord’s other tenants causes or permits any interference with the reasonable peace, comfort, or privacy of the tenant in the use of the

Healthy Homes Standard Assessments
and making a plan

Did you know that if you have not had your rental property assessed for its current level of compliance with the healthy homes standards and it becomes vacant, you will not be able to re-tenant the property until you do?

Meet Bob

Let’s look at a likely scenario with our hypothetical landlord, Bob. In November, a tenant gives Bob notice to vacate his property on 12 December 2022. Bob, who lives two hours away, does not know the property’s current level of compliance with the healthy

homes standards. Bob now needs to do the following:

  • Establish the required heating capacity for the main living room using the Heating Assessment Tool at

tenancy. govt.nz/heating-tool or the formula contained in schedule 2 of the RTA (HHS) Regulations 2019.

  • Complete the six pages dedicated to Insulation on the compliance This is easy for Bob as he installed new insulation in July 2018. Otherwise, he may have needed a professional assessment.
  • Bob needs to know what extraction fans are installed and ensure they are in good working order and ducted If they were installed after 1 July 2019, he needs to know the diameter or exhaust capacity.
  • He must inspect gutters and downpipes to ensure they efficiently drain storm, surface, and ground water to an appropriate
  • He needs to know if his property requires a ground moisture barrier, and if it has one installed or Bob has not looked under the house for a long time.
  • Bob also needs to understand how to meet the requirements in the draught stopping standard, and he thinks this standard should be met as soon as

Bob decides that he does not have the appropriate skills to perform these checks himself, particularly determining the heating capacity using the assessment tool as measuring rooms is required. He decides to employ a professional, but there is a delay in getting an appropriately qualified assessor to inspect the property due to the demands on the industry. A date of 17 December is given, and the report will be provided within three business days. On 21 December, when the report is received, the property can be rented, and the tenancy agreement prepared with the required compliance statements.

Unfortunately, it is now close to Christmas and tenants are not moving. The property remains vacant until mid-January. Bob loses five weeks rent. Don’t be like Bob.

Bob now has several applications and has selected his preferred tenant. Bob completes the current level of compliance statement as part of preparing the tenancy agreement and now has just 90 days to meet all five of the healthy homes standards.

Bob wishes he had made a plan earlier, as he now has to pay for extraction fans and a heat pump all at once, and after a long vacancy period. Ouch!

Make a plan

On the healthy homes standards current level of compliance statement, which is required for all new and renewed tenancies, landlords must not only complete the 16- page document that discloses the property’s current level of compliance for each of the five healthy homes standards, but they will also have just 90 days from the start of any new or renewed tenancy to meet the standards. Once your property is assessed, a plan is needed to comply with the standards.

Our Property Managers are working with landlords to avoid situations and vacancy periods like those experienced by Bob, but with the time it can take to get an assessment done, scenarios like Bob’s can be commonplace.

Don’t wait for your existing tenant to get fed up with a property that doesn’t meet the healthy homes standards and give notice, only to leave you searching for a new tenant and still having only 90 days to meet the standards. Speak to your Harcourts property manager for advice, get your property professionally assessed and make your plan to meet the standards now!

Article reproduced and updated from PM Focus September 2020 edition.

Harcourts Property Management Leadership Conference

Our leadership team at Harcourts is persistent in their strive for excellence. That’s how we offer and deliver next-level client service in Property Management.

Harcourts New Zealand’s Property Management Leadership Conference 2022 was a day of learning and collaborating on how we can provide an innovative and industry-leading approach in our work with landlords and tenants.

We were lucky enough to be joined by guest speakers – Harcourts Managing Director, Bryan Thomson, Tenancy.co.nz Managing Director Craeg Williams, Mortgage Express CEO, Sarah Johnston, and International Property Management

Trainer, Darren Hunter. In sharing their expertise, our attendees walked away with crucial insider knowledge, ready to apply to their craft and lead their teams in the pursuit of excellence.

Together with the Harcourts Foundation, Holmwood is getting behind Gumboot Friday!

What is Gumboot Friday?

Gumboot Friday is a nationwide initiative which provides FREE kids counselling when it is really needed. Since April 2019 Gumboot Friday has raised over 3 million dollars for free kids counselling. From this they have paid for over 21,000 sessions for just under 10,000 kids. The average cost per session is $138.00. They anticipate that with the money they have and what will be raised over the next 12 months, Gumboot Friday will pay for a further 20,000 free sessions before the end of 2023.

Mike King, who is the founder of ‘I am Hope,’ the organisation behind the Gumboot Friday initiative, shed light on the mental health crisis in New Zealand and about the positive impact the donation from Harcourts Foundation will make to the children who access the free counselling service. He said, ‘Gumboot Friday pays directly for the counselling services which helps get these kids struggling with depression and feeling like they are walking in mud, to build a better, brighter future.’

This is something that Emma Revell, Harcourts Foundation Ambassador understands the importance of. She said, ‘It is vital that we get behind initiatives like Gumboot Friday which will help these young people receive the counselling services that are so desperately needed.’

How is Holmwood supporting Gumboot Friday?

We are supporting this incredible cause in two ways:

  1. For every auction held between 18th October and November 4th, Holmwood will donate a portion to Gumboot Friday – how good is that!
  2. We are ditching the frocks, shirts, and ties just for a day as we would LOVE to see our whole Holmwood team supporting this cause; we’ll do this by purchasing a Gumboot Friday top and they will wear it on Friday 4 November.

You can join us too, just get your orders in asap to ensure they are here on time. ALL proceeds go directly back to ‘I am Hope’ https://i-am-hope-nz.myshopify.com/collections/all

Share your photo with us too! #gavel&gumboots

To learn more how you can support Gumboot Friday:
Visit www.gumbootfriday.org.nz
Follow them on Instagram @gumbootfriday.
Gumboot Friday Facebook https://www.facebook.com/gumbootupNZ

Privacy update

Harcourts has included articles in previous editions of the Property Management Focus newsletters about the Office of the Privacy Commissioner (OPC) cracking down on compliance in the rental sector.

The Real Estate Institute of NZ (REINZ) recently held additional Privacy Act training, with many Harcourts business owners and managers attending the training to ensure compliance in their offices.

There are some simple measures that Harcourts offices have taken with regards to the collection and use of tenants and prospective tenant’s data that we want to share with our clients.

The 13 Information Privacy Principles (in plain English):

1. Only collect the information you need

2. Get the information directly from the person concerned

3. Tell them what you’re going to be doing with the information collected

4. Be ethical when collecting the information

5. Store the information securely once you’ve got it

6. They can see their information if they want to

7. They can correct their information if it is wrong

8. You must make sure it’s accurate before you use it

9. Don’t keep it longer than needed

10. Only use it for the purpose you got it for

11. Only disclose it if that’s the reason why you got it

12. Take care when sending information overseas

13. Be careful with unique identifiers to protect individuals

The first four principles govern how we collect information, which in the property management industry is often tenants’ information for the purpose of granting a tenancy. Principles five, six and seven govern how we store information and allow the individual access to their personal information. The remaining principles govern how we use, share, and dispose of personal information.

So, let’s take a look at what property managers and landlords should be aware of and how we can abide by the Privacy Principles in a practical sense.

Tenancy Application Process

Harcourts Property Managers use a secure online tenancy application process that only asks for certain information during a phased application process. What this means is that a prospective tenant is only asked for additional personal information to confirm they are suitable tenants once they have been selected as a preferred applicant.

This way, property managers are receiving personal information from fewer applicants rather than receiving lots of information about everyone interested in the property, regardless of their suitability.

Our tenancy application process does not ask for information that is inappropriate or irrelevant for granting a tenancy, however, does allow prospective tenants to provide references and put their best foot forward in the application process.
Everyone in a shared tenancy is required to complete and submit their own application form with a login that is unique to them. Identification such as a copy of a passport or drivers’ licence is only required from preferred applicants and is only used to verify the identity of the person, which is the reason it was required, and then deleted.

Identification documents should not be shared with landlords once it has been used to verify the identity of the individual and should not in any circumstances be printed.

No Print Policy

Harcourts property management offices have adopted a ‘No Print Policy’ for tenancy applications, and these are stored in a secure online system. If there are circumstances where a landlord is provided with the tenant’s information (usually with the tenant’s consent), the landlord is directed to follow the same ‘No Print Policy’ to ensure that the tenant’s personal information is protected.

Emails, Conversations & What Else?

Our diligent property managers record conversations in their software, saving emails, retaining text messages, and all other correspondence about a tenancy. Principle 6 of the Privacy Principles states that people have a right to ask for access to their own personal information. What that means in practice is that a tenant can request copies of all correspondence with their name or where they have been referenced.

If a tenant makes a request for their personal information, the agency will often have just 20 working days to respond, and the information provided would include correspondence between a landlord and a property manager, or any other party when the tenant is mentioned, unless you have received instructions that the conversation was to be kept confidential (i.e. a reference check).

Routine Inspections & Photographs

Property managers are encouraged to take photographs during routine inspections; however, these photographs should only be of specific areas of concern, or of maintenance required. It is unlikely that a photograph of the entire room or area would be necessary.

For example, a property manager may take a photograph of a broken door handle in a bedroom so the landlord can identify the extent to which it requires repair, and the tradesperson can use the photo to prepare prior to going on site. It wouldn’t be reasonable however to take a photograph of the entire bedroom, when only a photo of the broken door handle is necessary.

A photograph of the living room that includes the tenants’ personal belongings, with a comment that the tenant is taking care of the property is likely to breach the tenant’s privacy. The comment from the property manager that the tenant is looking after the property is sufficient and photographs that include the tenants’ personal belongings, should be avoided.

Because a routine inspection is during a tenant’s occupancy and includes references to their tenancy or their personal information and has the potential to include photos of their belongings, they are entitled to request a copy of the inspection report. The property manager may, however, redact information that is not relevant to them if deemed necessary.

When taking photos, the key is to make sure there is a good reason for taking the photos, and that the photos are not unnecessarily intrusive. A tenant has the right to know what we are going to do with the photos.

Harcourts Foundation: Helping kiwi kids when they need it the most.

Harcourts Foundation is proud to support Gumboot Friday, which this year is being held on 4th November. Harcourts Foundation kick started its support with a $20,000 donation, which is a total that the team hope to increase significantly with the support of its people from offices all across New Zealand.

Gumboot Friday is a nationwide initiative which provides FREE kids counselling when it is really needed.

Since April 2019 Gumboot Friday has raised over 3 million dollars for free kids counselling. From this they have paid for over 21,000 sessions for just under 10,000 kids. The average cost per session is $138.00. They anticipate that with the money they have and what will be raised over the next 12 months, Gumboot Friday will pay for a further 20,000 free sessions before the end of 2023.
To learn how you can support Gumboot Friday visit www.gumbootfriday.org.nz and follow them on Instagram: @gumbootfriday

Harcourts Foundation will be showcasing all the fundraising activities and initiatives from their network through their social media channels.

Make sure you follow on Instagram @harcourtsfoundationnz and on facebook @theharcourtsfoundationto see the fun being had to raise funds for our kiwi kids.

Harcourts excel in real estate industry awards

Harcourts New Zealand are thrilled to have won the top prize in seven categories at this years’ 2022 Real Estate Institute of New Zealand (REINZ) awards.

In the awards which Harcourts won this year, our Property Management team secured three property management awards. Winning – Residential property manager of the year, Residential property management business development manager of the year, and Residential property management large office of the year. Harcourts were also finalists in the Residential property management medium office of the year and Residential property manager of the year categories.

With the honours spread far and wide across the Harcourts network. Bryan Thomson, Managing Director, Harcourts New Zealand said, ‘This is a symbol of how the Harcourts network continue to work as a team and to uphold excellent standards of service to all New Zealanders.’

When you’re looking for a new home, one of the first things you need to consider is the order of events – do you sell your existing property before you buy, or after? Here are some factors to consider before taking the plunge.

Buyer’s market or seller’s market?
When buyers are plentiful, but properties aren’t, homes generally sell quickly. In a seller’s market, there is less risk associated with buying first and then selling your existing home. However, sellers in this kind of market may be less likely to accept an offer that is conditional upon you selling your home, so you could end up owning two properties for a period of time.

The average time it takes to sell a property varies from region to region and from month to month, so it’s important to talk to your sales consultant to get advice about current market conditions, recent comparable sales in your area and the possible demand for your property before making a decision to buy first.

Keep in mind also that in a seller’s market there will be more competition, so you can expect to pay top dollar your new home. The good news is that you’ll have the peace of mind that comes from finding the right house to buy before selling yours.

real estate christchurch buying or selling property?

Do you know how much you can spend on your next property?
Until you sell your property, you may not know exactly how much you’ll have to spend on your next one. In a buoyant market, you could easily have unrealistic expectations when it comes to the value of your own property. Your sales consultant can help you get a realistic picture of your property value by preparing a comparative market analysis of what similar properties have sold for in your area in recent times.

Are you a cash buyer?
If you choose to sell first, you will instantly become a cash buyer and be in a much stronger position to buy as soon as you find what you want. Do your homework on the market and area that you are looking to buy in so you’re ready to buy when the right property comes up.

Have you found your dream home?
Buying a new home is an emotional decision. If you want to follow your heart and buy that dream home before selling your current home, make sure you’re well informed. A good sales consultant will provide quality advice for your unique situation. If you are looking for a very specific type of property and it becomes available, it could be a good move to snap it up even if you haven’t sold your home, but there’s no downside in getting expert advice before you do.

Are property prices are going up?
If you’re in a rising market, it could make sense to buy your new home first and negotiate a longer settlement. Your current property could potentially rise in value during the settlement period, allowing you to earn more when you sell it.

Are property prices falling?
Falling property prices can work in your favour as well if you can attract an interested buyer before prices drop further, leaving you free to purchase your new property at the lower end of the market cycle. However, falling property prices are also an indication of a slower market so it could take you longer to sell your existing property.

At the end of the day, your best course of action is to work with a real estate professional who can provide you with the local knowledge and insights you need to make an informed decision for your specific circumstances.

Give one of our consultants a call today if you would like to know more about the current Christchurch real estate market.