The Alternative Property Management Show

The PMC 2026

David Faulkner is back partnering with Harrison Vaughan and Samantha Arnold in the new Property Management show where they discuss all things relevant to Property Management in New Zealand. We do not discuss rent roll growth or compliance, we discuss the relevant topics that affect our industry

  1. Sep 24

    The $113,000 Question: Sarina Gibbon on Unlawful Premises and Rent Refunds

    David Faulkner is joined by Sarina Gibbon of Tenancy Advisory, alongside Samantha Arnold and Property Brokers' Sarah Green, to flag a case the whole industry needs to watch. Earlier this month the High Court gave a tenant leave to take a question of law to the Court of Appeal: just how far does a Section 78A rent refund for unlawful premises actually go? Sarina walks through how we got here, from the 2013 Anderson decision that pushed unlawful premises outside the RTA, to prohibited transactions under Section 137, to Winton v Pabu and the "footling breach" line, and why the binding authority everyone has relied on since 2018 may not apply to Section 78A at all. In this case the tenant is seeking $113,000. The heart of it: if the Court of Appeal decides the benefit of accommodation is no longer a good enough reason to discount a refund, tenants will start ringing councils to check consents, and plenty of agencies will not know what is sitting on their rent roll. Sarina's argument is that this is an opportunity rather than a threat, and she gives three moves to make this week. Also: where liability actually lands between the agency and the owner, whether your indemnity clause would hold up, what happens to fees already collected, the granny flat rules and why consent free does not mean compliant, and the question of why the only intervener in this case is a tenant advocacy group. Sarina and Sarah are speaking back to back at the PMC on 29 and 30 October, with the Renti soiree the night before.

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David Faulkner is back partnering with Harrison Vaughan and Samantha Arnold in the new Property Management show where they discuss all things relevant to Property Management in New Zealand. We do not discuss rent roll growth or compliance, we discuss the relevant topics that affect our industry

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