property industry issues - new zealand property investors ... · •extending the bright line test...

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Page 1: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property
Page 2: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Property Industry Issues• Tenants liability for damage• Unlawful properties• Methamphetamine • Residential Tenancies Amendment Bill• LVR Restrictions• Insulation minimum standards• Extending the Bright Line Test• Ring fencing tax losses• Tax working group• Healthy homes Guarantee Bill• Privacy commissions guidelines• Residential Tenancies Act Review

Security of TenureAllowing pets as of rightAllowing property modifications

Page 3: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Property Industry Issues• Tenants liability for damage• Unlawful properties• Methamphetamine • Residential Tenancies Amendment Bill• LVR Restrictions• Insulation minimum standards• Extending the Bright Line Test• Ring fencing tax losses• Tax working group• Healthy homes Guarantee Bill• Privacy commissions guidelines• Residential Tenancies Act Review

Security of TenureAllowing pets as of rightAllowing property modifications

Page 4: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Tenants liability for damage• Tenants responsible for lower of the landlords

excess or four weeks rent

• For new tenancies, Landlords need to state if property insured, what the excess is and that policy is available if they request it.

• $500 penalty if don’t comply

• Each incident

• Accidental or careless?…

Page 5: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Contamination• Expanded from just Meth

• Landlords have a right to test

• Regulations to be established by Minister.

• Knowingly rent a contaminated property, $4,000

• If follow the regulations, cannot be prosecuted…

Page 6: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Illegal dwellings• Gives Tribunal ability to hear cases

Not restricted to paying back the rent

• unless satisfied that it would be unjust …, the Tribunal must not order the tenant to pay … any rent arrears or other damages or compensation owing by the tenant…

Page 7: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Healthy Housing BillMBIE has set standards on:

1. indoor temperatures

2. methods of heating

3. insulation

4. Ventilation

5. draught stopping

6. drainage ...

Page 8: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Healthy Housing BillTimeframes:

1. July 1 2019, statement that your rental meets the standard or you will comply

2. July 1 2021, new tenancies must comply

3. July 1 2024, all tenancies must comply ...

Page 9: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

InsulationNew standard:

1. All rentals must be at the current standard

2. 120mm in ceilings…

Page 10: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

HeatingNew standard:

1. Fixed heating device capable of heating the largest living area to 18 degrees

2. No requirement for bedrooms

3. Non energy efficient heaters over 2400w are not acceptable

4. If you have an existing compliant heater: can be 10% less than the requirement.Can be topped up by electric heater less than 1500w. …

Page 11: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

HeatingHeating assessment tool:

1. www.tenancy.govt.nz/heating-tool/guide/

2. Uses average of the lowest days temperature over the last 20 years.

3. Takes no account of curtains

4. Internal walls are assumed to have no insulation…

Page 12: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Heating

8.3%

6.5%

5.6%

22.2%

45.4%

12.0%

0.0% 10.0% 20.0% 30.0% 40.0% 50.0%

Over $25 pw

$20.01 to $25 pw

$15.01 to $20 pw

$10.01 to $15 pw

$5.01 to $10 pw

$0 to $5 pw

Increased rent from adding Heat Pump

Page 13: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

DrainageNew legislation

• If the property has a subfloor area that is significantly obstructed along at least 50% of the perimeter.

• a ground moisture barrier must be installed if it is reasonably practicable to do so…

Page 14: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

Ventilation1. Mechanical extractor in bathroom & kitchen

2. Must be vented outside

3. Kitchen: 150mm or an exhaust capacity of at least 50 litres per second

4. Bathroom: 120mm or an exhaust capacity of at least 25 litres per second.

5. Existing fans don’t need to meet these requirements…

Page 15: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

RTA ReviewKey proposals:

1.Tenants making modifications

2.Allowing pets

3.Security of tenure

NZPIF additional proposals

1.Reform of Tenancy Tribunal

2. Introduce a third tenancy option…

Page 16: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

RTA Amendment Bill

Page 17: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

$225

$250

$275

$300

$325

$350

$375

$400

$425

$450

$475

NZ Rents

Page 18: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

$410

$415

$420

$425

$430

$435

$440

$445

$450

$455

$460

$465

NZ Rents

Page 19: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

9.9%

6.4%

7.3%

6.4%

7.80%

10.60%

5.85%

5.20%

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%

11.0%

12.0%

Rental Yields Floating mortgage interest rates

Page 20: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

-2,000

-1,500

-1,000

-500

0

500

1,000

1,500

2,000

2,500

3,000

Rental profits Rental losses Net rental Income

($m)

(NZPIF graph. IRD Data)

Rental Property Tax Paid

Page 21: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

15

17

19

21

23

25

27

29

31

33

35

Home Affordability New Zealand

Page 22: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property

0

20

40

60

80

100

120

Number of sales and days to sell

Volume Days to sell

Page 23: Property Industry Issues - New Zealand Property Investors ... · •Extending the Bright Line Test •Ring fencing tax losses •Tax working group ... New legislation •If the property