“SHE’LL BE RIGHT … OR NOT”
By Juli Anne Tolley,
Principal owner Quinovic Tauranga.
The first time I heard ‘She’ll be right’, it cracked me up – so relaxed, so Kiwi. After moving to New Zealand, I embraced it. Rules are more guidelines, give it a go, and things will sort themselves out. Nearly 15 years later, the phrase is embedded in me. ?
However, in property investment and management, 'she’ll be right' no longer cuts it. A wave of law changes has raised compliance expectations in the past six years, with hefty fines for breaches. What once worked with a handshake now needs documented proof. While many of the changes improve the overall renting of liveable standards, the innocence of a handshake deal is gone. Landlords and tenants can still have great relationships—but now, professionalism and accountability are key. Compliance with the Residential Tenancies Act (RTA) must be adhered to, documents completed, filed, and retained, and communication and interactions must be managed within the legal limits. This, in fact, has always been the case. The difference is now there are audits to ensure compliance and heftier fines for breaches. Further, MBIE has gone to great lengths to educate both parties through seminars, media stories, advertising, social media, and emails to ensure people know their rights.
I’ve defended clients at the Tenancy Tribunal over property visits and maintenance breaches—most often due to miscommunication. A common issue? Failing to give written notice within the RTA’s timeframes. The frequency of visits must be managed to avoid infringing on a tenant’s quiet enjoyment. Even if tenants seem fine with last-minute or frequent visits, they can later challenge it. I’ve seen this firsthand when a tenant, taken to Tribunal for rent arrears, counter-claimed for breaches of quiet enjoyment—and won. This case highlights a crucial lesson: compliance isn’t just a formality; it’s a landlord’s best defense.
Owners should work closely with their property manager to ensure proper notice is given and visits stay within legal limits. While the property is an investment, it is also the tenant’s home, and that balance must be respected.