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The Wellington Investor
The Wellington Property Investors' Association E-Newsletter
Welcome to Wellington Property Investors' Association E-Newsletter -
The Wellington Investor.

 

Our thoughts are with our Cantaburian counterparts as they suffer through the latest big earthquake, just six months after the last big shock.  We hope more people will be rescued from fallen buildings soon.  Many investors with property in the area will be wondering what to do when such a disaster strikes.  We have included in this newsletter some information Martin Evans, NZPIF President, and director of A1 Property Management in Christchurch had to share from the last time.  Read it to be more prepared - it could happen here.  Please come to our next meeting on Monday 28th February and give a koha to help the efforts down there. Peter Dunne MP has been invited to this meeting to talk about how Wellingtonians can help. 

 

Most landlords in Wellington are in full swing with leasing their properties out - this being the season to get new tenants.  Remember to do your due diligence on new tenants before you sign - a few phone calls and a credit check cost a lot less than a bad tenant ever does.

 

Enjoy this edition of 'The Wellington Investor' - pass it on to your friends, and encourage them to come to the next meeting.  I've just had a chat with our speaker, Michelle Dykes, and I will be armed with a notebook during her talk - it is all very interesting the tax changes that will be happening from 1 April.  Be there to be prepared and continue to get the best from your portfolio.

 

Contribution to the newsletter is welcome. Please contact our editor with any items. 
 
Remember to support our sponsors.  Any who wish to promote their business or service please contact us - our rates are competitive  

 Jackie Thomas-Teague

See you on the 28th at the Harcourts Building,

 

Jackie Thomas-Teague

President

Calendar placeholderUpcoming events - WnPIA meetings:

28th February 2011 - Learn about the changes to the QC and LAQC's with tax specialist Michelle Dykes CA(PP), BCA Principal WHK 

 

28th March 2011 - Collect that Tenancy Debt - Strategies for getting your money Presenter TBC 

 

WnPIA meetings start at 7pm.

Venue: Harcourts Building, Corner Vivian & Cambridge Street.

Admission: Free for WnPIA members, $20 non members.  Door sales cheque/cash.

Pre-register for these events by emailing contact@wnpia.co.nz and see our website here for more information about these events.

Earthquake Preparedness

Martin Evans

 

Plan to have external/off-site back-ups of all company information etc in case you are unable to access your office

Christchurch Cathedral post 22 Feb 2011 earthquake
Photo: Steve Henry
  • Have a plan of how you will remotely operate if your office is inaccessible - your tenants are depending on you
  • Have a back-up plan of friends/relatives/other who could man the phonesfor you if necessary
  • Have a list of information to be recorded from all phone calls
  • Know what is required of you by EQC and insurance companies
    • Claims need to be registered with EQC within 3 months of disaster otherwise no cover will be given
    • Private insurance companies will not cover any damage caused by a disaster if it is not registered with EQC
    • Take photos of all damage, rubble, any temporary or permanent fixes
    • You are allowed to make a building safe and secure, and do temporary repairs to make it waterproof initially
    • EQC will issue further instructions about what they will allow to be fixed/costs pre assessment at time progresses
    • Keep EQC and insurance companies informed of any new damage noted or further damage caused/becoming apparent through the likes of aftershocks
  • Get good advice by:
    • Getting a professional e.g. structural engineer on-board
  • If a property is badly damaged in the first few days/weeks you should be able to get it assessed by civil defence or the council for safety
  • Initially emergency services, such as the fire department, will assist with damaged chimney removal and covering/weather proofing for free
  • Quickly book up crane hire and trades people to avoid long waits for assistance
  • Plan how you will get in contact with all your tenants, to check on their safety, and the properties condition

Be prepared for aftershocks making life stressful and creating further damage.

 

Martin Evans has come through this latest earthquake safe, but describes it as 'bloody awful'.  We hear you Martin.

The 4 P's of marketing your property House interior

From HomeSell 

 

Marketers often use the "the four P's' to describe the mix of ingredients used to sell a product.

 

This same mix can be applied during the preparation and sale of your property. Three of 'The Four P's' can be briefly summarized as follows...  

  • PRICE - Establishing the market value of your property and the strategy for pricing it.
  • PLACE (aka DISTRIBUTION) - The method of sale (agent vs private) and the way in which the sale will be conducted. 
  • PROMOTION - Your advertising plan to create awareness amongst buyers (advertising, signage, brochures, etc).
  • PRODUCT - Your property.

 The '4th P' is often overlooked by people selling property and is arguably the most critical aspect of the marketing mix. 

Buyers usually decide within minutes whether a house is of interest to them or not. If you want top dollar, you need to be honest with yourself...is your home looking it's best? 

Remember, most people buy as a result of how your home makes them feel and look. You have to make it easy for them to imagine themselves relaxing on the deck with a cool drink, cuddling up in front of the TV and all that warm fuzzy stuff that you take for granted when living there.

 

Here are some tips for preparing your home (the 'product') for sale: 

  • Be aware that your personal style may not 'turn on' the buyers 
  • Remove the clutter (and yes, that does mean removing that large collection of soft toys on the bed, or your lovely teaspoon collection displayed for all) 
  • Get rid of those tired pieces of furniture that should have gone out in the last inorganic collection
  • Be aware that most buyers will want to see your property as a step up in life rather than a step backwards
  • Don't expect buyers to have much imagination about how your place 'could' look...try and create that look for them 
  • Consider getting professional advice and support on how to present and market your property.

Understand the language of your mortgageMortgage dictionary definition 

 

Mortgages aren't one size fits all and house hunters need to carefully consider their options and realise they can negotiate.

 

When taking out a mortgage, the language of the documentation can be more intimidating than the interest rates.

 

Before committing to long-term debt, make sure you understand the contractual terms and your obligations.

 

For instance, chances are you will have to pay an establishment fee to set up a mortgage. Lenders will calculate the fee differently but in most cases it will be negotiable.

 

Not so the lending limit. This is the maximum that can be borrowed, based on a valuation of the house you're buying.

 

If a lender is willing to consider a higher percentage, it's likely this will cost extra to arrange.

While people think of the mortgage as being a loan to buy a house, technically it's the legal document, or contract, that secures the property for the loan.

 

The mortgagee is the lender, the mortgagor is the borrower.

 

If the mortgagor falls behind in repayments or can no longer meet them, then the mortgagee is entitled to sell the property to recover the loan. This is called a mortgagee sale.

 

Loan repayments are made up of interest and principal. Principal is the amount that's borrowed, interest is the cost of borrowing it.

 

Mortgages can be structured differently for borrowers' circumstances.

 

A reducing mortgage is when the same amount of principal is repaid ineach instalment (usually fortnightly or monthly).

 

Assuming interest rates don't rise, the interest reduces on consecutive instalments. More common is the table mortgage, in which the repayments are calculated to be the same over the life of the mortgage (notwithstanding rising or falling interest rates over the period).

 

Early repayments under a table mortgage are mostly interest; it's only towards the end of the loan that mostly principal is being repaid.

 

A more recent development is the revolving-credit facility. It effectively turns the mortgage into an overdraft that can be accessed with a cheque account or credit card.   

 

The interest rate on a revolving-credit account typically is the same as floating.

   

A bridging loan is the money needed to finance the gap between the closing date of a house purchase and the closing date of a house sale - for instance, if the settlement date of your new home precedes selling your current home.

 

It's usually for a short period and a higher interest rate than your mortgage.

 

The amortisation period is the number of years it takes to repay a mortgage.

 

The expiry date of the term of the mortgage is called the maturity date, which is when you're literally home free.

What happens after you get judgementNZ money

By Michael Moohan, Collins & May Law

 

So you have taken the person who owes you money to Court and got judgment in your favour. The debtor has been ordered to pay your original invoiced amount, plus interest, plus costs (if you used a lawyer during the process) and disbursements.

Now how do you get the debtor to pay what he owes you? Believe it or not, even though the Court has ordered payment, it is up to you to enforce it!

A party owing money to another party under a judgment is known as a judgment debtor - the party owed the money is known as the judgment creditor.

The main methods of enforcing a judgment against a judgment debtor are:

  • Where the judgment debtor is a company owing more than $1,000.00; by serving a Statutory Demand on the company with a view to liquidating that company should it fail to satisfy the statutory demand;
  • Where the judgment debtor is a natural person owing more than $1,000.00; by serving that person with a Bankruptcy Notice with a view to bankrupting that person should he or she fail to satisfy the bankruptcy notice;
  • Where the judgment debtor has an interest in real property (ie. houses or real estate); by lodging a Charging Order against that interest to the value of the judgment;
  • Obtaining an Order for Examination of judgment debtor from the Registrar of the nearest District Court and obtaining an Attachment Order against the judgment debtor's income based on the examination.

Quite often the threat of liquidation or bankruptcy proceedings will bring settlement offers from judgment debtors who obviously don't want to be liquidated or cannot afford to be bankrupted because of their particular position.

The method of enforcement you choose will be dictated by your assessment of the judgment debtor's financial situation, and will often require some significant background/financial investigation of the judgment debtor's situation.

The usual method of ascertaining a judgment debtor's ability to pay is to ask the Court for an Order for Examination. An Order for Examination compels the judgment debtor to attend Court to be orally examined as to his or her income and expenditure, assets and liabilities, and generally as to his or her means for satisfying the judgment debt. If the judgment debtor fails to appear at the examination the Court can issue a warrant for his or her arrest to compel him or her to appear.

Following the examination, the judgment creditor normally applies to the Court for an Attachment Order against the judgment debtor's source of income. This Attachment Order compels the judgment debtor's employer to pay the judgment creditor such sums of money at such intervals as the Court may order. The judgment debtor's source of income includes social security benefits, pensions and ACC payments, as well as wages or salary. It is an offence for an employer not to comply with that Order.

For small to medium size debts, the Order for Examination/Attachment Order is the preferable option for you to take since it is a relatively cheap process in the scheme of things.

For larger debts, and if the judgment debtor has an interest in real estate, the judgment debtor can apply to the Court to have a Charging Order placed over the judgment debtor's interest in that real estate to the value of the judgment. This means that while the Charging Order is in force, the judgment debtor cannot sell or transfer his or her interest in that real estate without first satisfying the debt. The Charging Order has a lifespan of two years and can be renewed periodically. The downside of a Charging Order is that while the judgment debtor can live with having the Charging Order lodged against his or her interests in the real estate, they are not necessarily going to be compelled to pay you what is owed.

Often it is a good idea to also initiate bankruptcy proceedings at the same time as obtaining a Charging Order as this tends to focus the judgment debtor's attention on paying.

Quite often chasing debts needs to be a business decision. Obtaining judgment is a relatively straight forward process, it is enforcing that judgment which can be problematic.

Could all tall poppies please stand up?Poppy

By Aleesha-Tia Gordon

Have you, or someone you care about, displayed any of the following symptoms?

  • Hot flushes during prize giving
  • Raised blood pressure while playing sport
  • Nausea when others receive praise
  • Vertigo when overlooked

If so, you could be diagnosed with a peculiarly Kiwi disease.

No, not cancer or diabetes or even Aids. It is the most common malady, and it is likely you know somebody with it or you may even be infected.

It is tall poppy syndrome.

This disease is a particularly Kiwi phenomenon.

My theory for this is that since New Zealand is such a small country, we are used to everyone achieving to the same extent and having the same amount of talent as the next person.

So when someone decides to stand out, we are unfamiliar with this and, as a result, we retaliate by criticising and ridiculing those who dare to stand taller than us.

In the US, however, they like to celebrate others successes and are not afraid of being conspicuous. Competi�tion is promoted and excellence is expected.

You've probably heard of this dis�ease, but do you know the cause and effects of it?

There are two strains. One deals with the understudy, the jealous person (the hater). It appears when there are certain people who believe that anyone who is successful or even ambitious should to be cut down to size.

Some secondary symptoms may include, but are not limited to, feelings of inadequacy, jealousy, uncontrollable urges to spread rumours and feeling sorry for oneself - basically, anything ranging from mild dislike to intense loathing towards people more successful and/or more ambitious than you.

The second strain affects the tall poppy, the achiever, the one who is prominent.

This happens when the achiever purposely avoids standing out, and constantly works to keep the status quo cause of the fear of being ridiculed and being singled out as a tall poppy. Is this behaviour learned, expected, or are we just born with it?

These tall poppies should not have to belittle themselves simply because others do not feel comfortable with their success.

Secondary symptoms may include feelings of timidity, being demoralised and feeling the necessity to under ac�hieve.

Why should some people have to go through life being mortified at standing out, preferring to have their hard work and achievements go unnoticed? Scientists have yet to concoct a cure. The only known remedy for this is to amass riches or acquire outstanding talent.

However, this can often spread the syndrome to others. To liberate this disease is to infect someone else.

To me it seems that tall poppies are just normal people who have high expectations for themselves.

Unlike most people, they actually aspire to those expectations. I certainly wish I was a tall poppy. But then again, that's the problem, isn't it? We can't all be tall poppies.

If we were all tall poppies we would all be the same. Tall.

Donald Trump's StarOne of the world's tallest poppies would be Donald Trump. He is (as described by Wikipedia) an American business magnate, socialite, author and television personality. He is the chairman and CEO of the Trump Organisation, a US-based real estate developer.

He is also the founder of Trump Entertainment Resorts, which oper�ates numerous casinos and hotels across the world.

Despite these colossal achievements, some people still focus on his physical imperfections - that is, his hair, or lack of it.

Searching for faults or imperfections in successful people can be society's way of chopping down the tall poppies to make their own shortcomings less obvious. This is a clear example of tall poppy syndrome.

I believe the antidote to this syn�drome lies within the speech written Marriane Williamson, made famous by Nelson Mandela. "Our deepest fear not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us. We ask ourselves, who am I to be brilliant, gorgeous, talented, and fabulous"?

"Actually, who are you not to be? You are a child of God. Your playing small doesn't serve the world. There's nothing enlightened about shrinking that other people won't feel insecure around you. We are all meant to shine, as children do. We are born to make manifest the glory of God that is within us. It's not just in some of us, it's in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others."

I believe this quote highlights the sleeping giant that sits within us all. For an individual to not realise their full potential negates the essence of the human spirit. We, as New Zealanders, must embrace the success of our own people.

So let us all shrug off the shackles of adequacy and become truly tall.

Developer takes ird to court over assessable income judgementMetropolis building Auckland

By Nick Krause

The man behind one of the coun�try's grandest buildings has begun High Court proceedings in Auckland against the Inland Revenue Depart�ment.

IRD already has judgment against property developer Andrew Krukziener from the Taxation Re�view Authority in January. But his lawyer, Mike Lennard, told the court the department had erred in its be�lief that money Mr Krukziener had received from a trust for 12 years was assessable income and, there�fore, taxable.

Mr Krukziener is facing a multi-�million-dollar tax bill after paying almost no tax for 12 years, despite millions of dollars in loans from his company for a lavish lifestyle.

A Taxation Review Authority decision on the case, issued in February, did not name the developer and entrepreneur, but said he was involved in a large number of property developments during the 1990s and projects worth "hundreds of millions of dollars."

Mr Krukziener's lawyer confirmed that he lost his case before the authority and that is now being appealed. The authority's decision showed the developer was lent $5 million over a number of years by his companies, which IRD said could be regarded as $424,537 a year, though he paid virtually no tax.

IRD said the developer had taken an "abusive tax position" so was liable for a penalty of 100 per cent of the tax owed. The authority reduced that to 50 per cent because of the previous record of the developer.

Mr Krukziener, who built the New York-style 42-storey Metropolis in Auckland - the tallest residential structure in the country -has started a civil appeal against the Inland Revenue Department.

"There was never any taxable income," Mr Lennard told the court. "Living on credit is not tax avoidance."

He said the loan emerged out of his client's dire circumstances relating to Metropolis. With the failure of Metropolis, Mr Krukziener had to realise capital assets.

"Some of the cash was distributed to him and he used that to pay the loans. The appellant's case is simple. He funded his lifestyle in expectation to repay his loans from some source of money coming into him in the future. The plan was that Metropolis would be very profitable - instead it was unprofitable."

Mr Lennard told the court that the total shortfall on Metropolis was $20m. "Losses were accumulating and this [the loan proceeds of $4.6m] kept the wolves at bay for some time."

The loan came out of the sale of a commercial property called AK360 - situated at 360 Dominion Rd - which was sold for $12.8m. A "cash sur�plus" of $4.6m went to Mr Krukziener to pay his account debts. "Metropolis failed. The appellant was under considerable pressure."

The court heard submissions re�lating to the Penny and Hooper case in which the two orthopaedic surgeons were found by the Court of Appeal decision to have avoided tax by paying themselves artificially low salaries.

See this news story for an update on this article: Andrew Krukziener bankrupt

Bank predicts downward pressureNZ terraced houses

The housing market is "treading water" as it heads into a period of "hard grinds", the ANZ says in its latest Property Focus report. While the market has been in limbo because of uncertainty over the Budget, the bank predicts there will be more downward than upward pressure on house prices.

"Consent outturns over the past few months are suggesting that residential investment will be basically flat over the first six months of next year.

"House sales are wobbling around low levels. There is still support from migration, but the latest figures suggest the magnitude of this support is waning somewhat.

"Uncertainty over tax changes to property are no doubt part of the reason for the lack of activity, as is speculation that interest rates are set to move up.

"Altogether, it suggests further hard grinds for the market into winter."

The bank uses 10 "property gauges" to make this assessment, including interest rates (which are on the rise and denting affordability), fixed mortgage rates (which have edged down but are still high) and immigration (the absolute level remains supportive of the housing market but a rise in departures to Australia remains a key risk).

"Real estate and building activity has inched up but remains a long way down on historical levels," the report says. It acknowledges that mortgage rates have been reasonably steady over the past month "but borrowers still face a very steep yield curve, and at a time when we are getting close to the [Reserve Bank] lifting the official cash rate."

"This makes any decision to lock in for a longer period a difficult one, as doing so comes at an immediate and hefty premium. Break-evens continue to show that interest rates need to rise quickly and by a long way to 'win' on a fixed rate."

The ANZ says the cost-versus-certainty tradeoff has long been a "conundrum" for mortgage borrowers.

"With official interest rates set to rise, there is likely to be some appeal to being fixed, and not having to worry about rates for a while.

"Long-term fixed mortgage rates are much higher than floating rates, so unless you fixed for a long term a year ago, when rates were much lower, chances are you face this 'conundrum'."

So what should borrowers do? Don't panic about the prospective mortgage rate increases, the bank says, and avoid fixing at the long end of the mortgage-borrowing curve.

"Affordability - not just now - but in future, too, is arguably the most important consideration.

"Choosing a cheap (and perhaps floating) rate now is clearly going to deliver cost savings at the moment and might feel like payback after years of high rates.

However, these savings may evaporate quickly as mortgage rates rise. If your mortgage balance is low and repayments are only a small part of your overall expenses, chances are you can still afford to make repayments if mortgage rates rise.

"It also probably means you have more flexibility when it comes to choosing a strategy, offering you a better opportunity to take a view on interest rates."

"That's not to say you should take a punt, but if you do think break-evens imply higher rates than what you expect will eventuate, then you might want to consider remaining floating for a little longer."

But the bank says if mortgage repayments already account for a big part of a borrower's budget, there will be less tolerance for higher rates.

"If that is the case, and you can afford to fix for a longer period (say two or three years), then you may want to consider doing so.

"Fixing is going to cost more now, but if you know you can afford that cost, you won't be hit with any nasty surprises if rates do rise more quickly. If you can't afford a surprise, but you can afford the certainty, it may pay to opt for a fixed rate."

At the same time, flexibility is important.

"If you're a few months into a hefty 25-year mortgage over a house that you intend living in permanently, then chances are you probably won't be looking at selling, and don't need to think too much about having to break a fixed rate.

"In this case, you may value the certainty of a fixed-rate mortgage, even despite the added cost.

"But if you do intend selling, or expect to make lump sum repayments, you'll need to take that into consideration when choosing a rate, or splitting your mortgage between fixed and floating."

Nonetheless, hold off paying fixed for a little longer if you can, the bank says. For example, if you are thinking about the next two years, you could fix for two years at 7.25 per cent. But you might also choose to fix for six months at 5.99 per cent instead, and then fix for the remaining 18 months at the end of six months.

"As long as the 18-month rate is less than 7.67 per cent, the latter strategy is cheaper (but riskier).

"By comparison, the current 18-month rate is 6.69 per cent, so the question is: do you expect the 18-month rate to rise by more or less than 0.98 per cent (7.67 percent -6.69 per cent) in the next six months"?

"We don't think they will (and if they do, it won't be by much). This suggests fixing is expensive, but as noted, we are mindful of the value of certainty."  

In This Issue
Upcoming Events
Earthquake Preparedness
The 4 P's of marketing your property
Understand the language of your mortgage
What happens after you get judgement
Could all tall poppies please stand up?
Developer takes ird to court over assessable income judgement.
Bank predicts downward pressure

Jim Stuck, Harcourts


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