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The 12 key changes in the new ADLS 6th Edition Deed of Lease

Changes to the ADLS 6th Edition Deed of Lease that help the landlord:

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Changes to the ADLS 6th Edition Deed of Lease that help the landlord:

  • CPI rent review – the CPI review ratchets commencement rent and could ratchet inflation based growth only.
  • Insurance excess – the recoverable excess increased to $2,000.00 per claim where a Tenant’s act or omission causes the destruction or damage.
  • Unit Titles Act 2010 – the Tenant must now comply with the Unit Titles Act 2010 as well as the rules.

Changes to the ADLS 6th Edition Deed of Lease that help the tenant:

  • Costs – Landlord now bears its own costs for lease negotiation, preparation, rent reviews or renewal of lease.
  • Improvements rent – removed from the deed of lease. Landlord still might have the right to terminate though if it has to expend an unreasonable sum because of legislative change.
  • No access in emergency – if the tenant cannot gain access then rent and outgoings abate. The tenant has a right to terminate if there is no access for an agreed period.
  • Management expenses – the lease is made clear that management expenses payable via outgoings cannot include any profit derived by the landlord or its shareholders.

Changes to the ADLS 6th Edition Deed of Lease with mixed effect:

  • Repair and maintenance – the tenant pays through outgoings for inherent defects, renewal or replacement of building services. However the Landlord pays to upgrade the building to comply with the Building Act and must now keep the premises weatherproof.
  • Condition statement – a condition statement is attached to the deed as evidence of the condition of the premises as at commencement date. Who pays for it?
  • Access for works – rent and outgoings abate whilst works are carried out by the landlord if the tenant’s business use is materially disrupted. The landlord can require the tenant to vacate so works can be done.
  • Security on assignment – a bank guarantee may be offered by a tenant instead of a personal guarantee but it is not clear who dictates what is required.
  • Implied terms – the terms implied by the Property Law Act 2007 are now expressly excluded. Conflicts between the implied and express terms are avoided.

We will go into a bit more detail into some of these changes in future articles.

Accounting & Finance

Low Interest Rates Winners and Losers

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Lower mortgage interest rates is a big deal for most homeowners and buyers.

Existing homeowners can hunt around for a better deal with the same or another lender and in the process save hundreds, if not thousands of dollars on interest payments. Even if a borrower is locked into a fixed rate deal on a fixed term, it often pays to break it and reap the rewards of paying a lot less interest.

For first time home buyers, lower interest rates can be the difference between renting and owning a home. Existing homeowners trading up or down, see lower interest rates as a great time to sell and buy too, Therefore there is always a frenzy of activity in the mortgages sector when there is movement in interest rates and there will be winners and and there will be losers.

Winners and Losers

Lower interest rates sends a signal to vendors with homes to sell, that there are more buyers in the market. This can get unsold properties sold which is a win win for vendor and buyer.

More buyers in the market, however can also push the sales price up, as vendors aim to get the best price and there can be only one buyer, the one who is willing and able to pay the most.

In this situation it’s more of a win for the vendor. The eventual purchaser is likely to have paid more than they were comfortable with and thus borrowed more to get the property. Plus there were many buyers locked out by the higher price.

First Home Buyer Tip

The tip for first home buyers is to always be ready to take action as soon as the timing is right.

For first home buyers, it’s always a good time keep a financial advisor or broker up to speed on your personal financial position. This way when the timing is right, like a downward move in interest rates, you can just ask the question:

“What can I afford to borrow, now the interest rates are lower?”

There is no such thing as one size fits all when it comes to borrowing money. Your position will determine how high risk you are to a lender.

A trusted advisor in the know, can act fast on your behalf when lending conditions favour you. Lenders who see you a good ‘investment’ will be keen to move quickly too, to secure your business and thus beat their competition, i.e. other lenders.

Recent news of an OCR rate drop by the RBNZ, spread like wildfire around the country and the early worm is sure to get the best deals.

Homeowners with advisors already up to speed on their current position, will be busy acting on their behalf, to find the best deal saving their clients hundreds if not thousands in interest repayments over the term of their loan.

Property price increases have cooled in Auckland, increasing by just 1.7 percent compared to the previous year. Listings too have been lower, however that’s all about to change. More buyers, trigger more listings and with more buying power, higher property prices.

Timing is everything, so whatever your circumstance, talk to your mortgage advisor and act on the deal that’s right for you.

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Accounting & Finance

Property Listings Drought Adds Fuel To Fire

A property listings drought is adding further fuel to our over-heated property market. Property prices are increasing everywhere except Taranaki according to Trade Me Sales Price Index and that’s got the RBNZ considering further action to curb demand.

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A property listings drought is adding further fuel to our over-heated property market.  Property prices are increasing everywhere except Taranaki according to Trade Me Sales Price Index and that’s got the RBNZ considering further action to curb demand.

The RBNZ’s LVR restriction on Auckland property investors has done little to dampen their appetite and many have also moved their focus to other areas where property prices have been on the increase since October 2015.

The listings drought suggests most home owners are electing to improve their properties using the equity in their homes over moving house.  Some Aucklanders have chosen to leave the city for change of lifestyle and Tauranga has been one of the main benefactors as well as the region of Hawkes Bay.

Curbing demand is how the RBNZ want to deal with the property market and they’re considering a variety of measures.  Bernard Hickey in a news item on NZHerald believes we’ll know more on the RBNZ’s next move  in the second half of 2016.  Bernard mentions two dates in particular: 19 August is the deadline for Auckland  Council to accept all or some or reject all the Unitary Plan.  The Government is hinting at wading in if the Unitary Plan does not meet their goals of an Auckland growing up and out to meet new housing supply targets.

The other date to watch out for is 30 November.  On this day the RBNZ presents it’s Financial Stability Report.  One of the measures under consideration by the RBNZ is the fixing of the income to loan ratio.

From the news item on NZHerald

“The Reserve Bank helpfully included a chart in this week’s report that showed around 35 per cent of owner-occupiers and 60 per cent of investors had borrowed more than 5 times their income.”

New rules are coming and if what’s happened to date is anything to go by the RBNZ is not shy at taking action so keep these dates in your diary.  No doubt investors are now very aware of their income to lending ratio and will be taken the necessary steps to survive the next round of RBNZ restrictions.


This blog article was written for PropertyBlogs by Mobilize Mail.

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Accounting & Finance

How Low Can Mortgage Rates Go?

News of lower wholesale interest rates suggests we may be in for another round of super low home loan interest rates as early as next week. A news item on interest.co.nz provides examples of the correlation between swap rates and the mortgage rates with one example being SBS Bank’s one year rate as it was back in November 2015.

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News of lower wholesale interest rates suggests we may be in for another round of super low home loan interest rates as early as next week.   A news item on interest.co.nz provides examples of the correlation between swap rates and the mortgage rates with one example being SBS Bank’s one year rate as it was back in November 2015.  At the time their rate was big news as it was the lowest at 3.99% while the one year swap rate was at 2.72%.

Fast forward to February 2016 and SBS Bank’s one year rate is at 4.35% while the one year swap rate is currently lower than it was back in November, its currently 2.58%.  A downwards move is predicted and SBS Bank could move back to where it was in November 2015 at 3.99% or go even lower.

It really just takes one lender to make a move and the other lenders are sure to follow.  Borrowers in the know are regularly speaking to their mortgage broker to keep up to speed on the best deals and terms on offer.

So how low can mortgage rates go?  Possibly lower than they were in 2015.


This blog article was written for PropertyBlogs by Mobilize Mail.

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