Bloody tenants - Advice needed!!

[Patrick]

We are not of wealth, but have a mortgaged rental as a future nest egg for our kids (and us too I suppose when we are old and crusty...). We are fairly new to the landlord game.

Awesome tenants until this last lot. Moved in in Sept 06, have not paid rent recently for 10 weeks, but managed to get a WINZ payout for the first five weeks, so we were all square back then, but they are out to 5 weeks behind again as we speak, without paying a cent themselves since.

After the first weeks rent was missed in this latest 5 weeks arrears round, we gave them the 10 day letter to rectify. After that 10 day period, we applied to the Tenancy Tribunal only for TT to send it to "mediation," which was a further week off. There were promises promises etc etc, but nothing....

Just had that mediation meeting today (now 5 weeeks behind), and it turns out that the tenants ("conveniently?") went to the wrong address, even tho the address is clear on the letter they sent to us both.

Now, the mediator sends it to the "Adjudicator" at the court for a hearing, which won't happen for another 10 days. By then, assuming they won't pay, the rent will be 7 weeks overdue on that day, assuming they can get us in on that 10th day...

The adjudicator will order possession of the property to us and we can then give them the boot, immediately, and orders will be made for rent arrears and costs.

Courts advise we can only apply to the Court (after a further 48 hours after the Adjudicators ruling), for an order for them to be bought before the court to assess their means to pay and/or to seek a distress warrant so we can seize the new car they have just bought, which was bought coincidentally on the day before the first day of rent due was missed!!!

Being an old schooler, I just want to go around and pick them up by the scruff and throw them out the door right now. (I am happy to leave it closed as I do so and pay for the damage afterward myself, as I would consider it money bloody well spent!!!), but the law says I can't do that.

Landlords appear to have little rights, tenants have all the rights, can stay and drag it all out, then disappear if they want to and not pay, as without any forwarding address, the bailiffs won't be able to serve documents on them for the rent arrears etc..

We know where they are right now. The car is there right now. Anyone know of anything I have missed and of what I can do to get on to them now instead of later, while we know where they and their car is right now?

I find the Tenancy Act dead boring to read but have picked out the points I need to know so far.

Does anyone else have any real suggestions???

Don't tempt me with KB parties on their back lawn (which could actually be arranged, as the seperate rear section is actually part of the land title, but not part of the tenancy...) or with middle of the night visits by some of our Armed Forces allies....

We have got on to this as soon as possible and already they have been able to drag it out to 7 weeks by the time the Adjudicator gets around to it, by following the law... What an arse!!!!

[98tls]

First thing i would do is give them notice..........90 days i think isnt it.......second thing i would do is get off here and go take there car,if its worth anything...park it somewere and if they dont pay arrears sell it in bits to a wrecker to get a bit back......if they do pay return it...........

[chanceyy]

well crap that has to suck .. pity your not in this area .. I am an excellent tenant .. may be moving again soon .. & with work stuff going on .. + its gonna be two weeks before part arrives for bike aghhhhhhhhhhhhhhhh


so yeah i understand your frustration

[onearmedbandit]

Hmmm, if you could somehow 'prove' they were using the premises for illegal purposes (say growing or dealing weed) yuo could probably get them kicked out quicker. Don't know anyone with access to 'confiscated drugs' do you...?

[DMNTD:Me]

My tenant farked me about...I gave her 6 weeks notice after I grabbed an item valued at more than what was owed plus I made sure that it was something the tenant wanted back as I preferred the money over said item.

[Dargor]

I suggest you go there at 6am saturday morning and mow the lawns. If you can do it everyday of the week,thats better but just saturday will probably do. Make them want to leave.

[Jabez]

I have had to send several 10 day letters, but so far have not had to go through the tribunal...

I would strongly suggest that for your next tenant you do a credit check...that should reduce the chances of this happening again.

You are right, the law is weighted toward the tenant.

[onearmedbandit]

I suggest you go there at 6am saturday morning and mow the lawns. If you can do it everyday of the week,thats better but just saturday will probably do. Make them want to leave.

Against the law. A landlord has to give notice he's coming around and the tenants have to accept.

[Madness]

I would have thought that someone in your line of work would have highly tuned "persuasion" skills.

Two things that would prompt me to move quickly (that came to mind) are serious wastewater problems and ghosts. Go over there wearing a white sheet and throw some shit around while making "woo, woo" noises.

[Patrick]

First thing i would do is give them notice..........90 days i think isnt it.......second thing i would do is get off here and go take there car,if its worth anything...park it somewere and if they dont pay arrears sell it in bits to a wrecker to get a bit back......if they do pay return it...........

Yeah, but in 10 days time, I can arse them out the following day instead of waiting for 90 from the date of the notice...

My tenant farked me about...I gave her 6 weeks notice after I grabbed an item valued at more than what was owed plus I made sure that it was something the tenant wanted back as I preferred the money over said item.

That is the problem... "legally" you cant... the only thing they have of value is the car, and I bet that is financed to the balls. Good on ya for doing it tho.

I suggest you go there at 6am saturday morning and mow the lawns. If you can do it everyday of the week,thats better but just saturday will probably do. Make them want to leave.

I'm a shift worker... hehehehe... can do lawns at 2am, 4am, whatever... but... they are supposed to be doing that too and aren't, the pricks!!!

I have had to send several 10 day letters, but so far have not had to go through the tribunal...

I would strongly suggest that for your next tenant you do a credit check...that should reduce the chances of this happening again.

You are right, the law is weighted toward the tenant.

You're lucky... and so right! Got told about credit chq today...

[jafar]

Tennants I had left me with $40,000 worth of damage when I finally got them out . won't ever do the landlord thing again.
The rules are in their favour.
Once you have gone through the courts then you can start getting things more into your favour , but you have to dot every I & cross every T. Otherwise you will have to start the whole thing again.
When you have the judgement in your favour the courts can (& will) take the money from their earnings.
Best thing you can do is get a lawyer !!!!!!!!!

[Patrick]

Against the law. A landlord has to give notice he's coming around and the tenants have to accept.

I could give them notice of the lawns being done at 2am, 4am.... daily...

I would have thought that someone in your line of work would have highly tuned "persuasion" skills.

Two things that would prompt me to move quickly (that came to mind) are serious wastewater problems and ghosts. Go over there wearing a white sheet and throw some shit around while making "woo, woo" noises.

Bwahahahaha... persuasion skills are in action... and yep, 22 years worth of fine tuning.

[Patrick]

Tennants I had left me with $40,000 worth of damage when I finally got them out . won't ever do the landlord thing again.
The rules are in their favour.
Once you have gone through the courts then you can start getting things more into your favour , but you have to dot every I & cross every T. Otherwise you will have to start the whole thing again.
When you have the judgement in your favour the courts can (& will) take the money from their earnings.
Best thing you can do is get a lawyer !!!!!!!!!

Although I can bill them for the lawyer costs, (which they may not pay anyhow...???) I still have to fork out the $$ in the meantime. Can't afford to so am relying on my "law knowledge" so far...

Tenants do not know what I do for a job... am keeping that one up my sleeve for now....

[Nasty]

I have only been "done"by one set of tenants ... and I found them later and they paid a substantial amount of what they owed .. the thing is we don't have many rights .... we just have to do what you have done and work the system with stealth ... I have now four properties on my books .. the thing is to rid yourself of these ones .. and with the next lot gut feeling, intuition and reference checks may help.

[Patrick]

Hmmm, if you could somehow 'prove' they were using the premises for illegal purposes (say growing or dealing weed) yuo could probably get them kicked out quicker. Don't know anyone with access to 'confiscated drugs' do you...?

You trying to score? Ahhh... advice...!!! Thanks!!

Have already been in and looked around (I mean "inspected the property"). Nada!