Bloody tenants - Advice needed!!

**ManDownUnder** · 2nd July 2007, 10:31

Originally Posted by Biff

Biff takes no responsibility got any investments made based solely upon this post.

LOLOL... you are only willing to disclaim advice... in THIS POST?

Mate you're as full of it as I am!

**sAsLEX** · 12th July 2007, 04:50

Originally Posted by kro

This is fairly typical of our wishy washy, tree huggery, PC bullshit country, where we legislate to the offenders, and hang the victim out to dry.

It happening in all areas of law as well http://stuff.co.nz/4124464a10.html

**westie** · 12th July 2007, 09:15

Patrik sorry to hear of this saga. Better off without any tennancy tribunal agreements eh?
Well I used to live tin the naki(assuming thats where your rental is) and I know how friggin cold it is in winter down there.
I was just thinking if you really want them out you could take the front and back doors off their hinges. It would create a really great tunnel of cold wind through the house. If that doesn't do try removing the windows.
It is your house and you should be able to do anything to it.
I hope you get a good result.

**KATWYN** · 12th July 2007, 10:00

Originally Posted by Patrick

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..

!

Yep we HAD (note- HAD) tenant problems, as we are no longer landlords. Its the most stressful thing I reakon.
I have heard a lot of people opt out of the game for this very reason.

When things got really bad with our tenants my husband and I were seriously considering moving into the house with them and sleeping on their couch, using all their things etc to get them out - we managed to get rid of them
soon after. But we were going to use that tactic (unsure of the legalities of that though) but they were literal squatters...so why couldnt we squat with them....

**Toaster** · 12th July 2007, 10:45

Generally, try to avoid beneficiaries as tenants.... they often default in paying.

**tri boy** · 12th July 2007, 10:56

Sorry to hear of your dramas Patrick.
This is another case reaffirming my decision to stay the hell away from residential rental properties. If you sat down, and put a costing on lost sleep, happiness, and stress, and compared it to the true yield(not including capital gain, as I don't see this as yield), I think many people around NZ would exit the rental game overnight.

I truely hope you come out of this mess with a fair, and reasonable result.
Sadly, I think the odds are stacked against you.

Good luck.

**KATWYN** · 12th July 2007, 12:07

Originally Posted by inlinefour

In future I'd recommend that you be more proactive in making sure that the tennant is paying rental and at the first sign of non-paying get onto it so that it does not ballon out of control. ...

Yes I agree. With ours the warning bells appeared when they started off paying ok, then gradually they would reduce the amount of rent AP's that went in each week by $20 to 50 dollars, then eventually they stopped the AP's altogether and wanted to pay by cheque each week (another warning bell) then the cheques started bouncing....and so it started

**Patrick** · 13th July 2007, 12:09

Originally Posted by vvesty

Patrik sorry to hear of this saga. Better off without any tennancy tribunal agreements eh?
Well I used to live tin the naki(assuming thats where your rental is) and I know how friggin cold it is in winter down there.
I was just thinking if you really want them out you could take the front and back doors off their hinges. It would create a really great tunnel of cold wind through the house. If that doesn't do try removing the windows.
It is your house and you should be able to do anything to it.
I hope you get a good result.

Can't do that... damn!

Originally Posted by KATWYN

When things got really bad with our tenants my husband and I were seriously considering moving into the house with them and sleeping on their couch, using all their things etc to get them out - we managed to get rid of them soon after. But we were going to use that tactic (unsure of the legalities of that though) but they were literal squatters...so why couldnt we squat with them....

Can't do that... damn!!!

Originally Posted by Toaster

Generally, try to avoid beneficiaries as tenants.... they often default in paying.

No... they are the best, coz you can get WINZ to pay direct. These two, unfortunately, don't receive the benefit. he was working, and is now on ACC (for some obscure reason...!!!) and she is a lazy arse who doesn't work at all... (and that is from her own father!!).

**Chickadee** · 14th July 2007, 10:30

Hi Patrick,

Crashe tells me that the Tenancy laws has a loop hole if you move a family member into the place, you can give them about 42days notice, otherwise it's 90 days written eviction. Tenancy tribunal will be able to confirm it for you for a family member to move in to a property you rent.

Hope you have this being resolved soon!

Cheers
Chickadee

**Patrick** · 16th July 2007, 10:06

Off to court now for 10.30 hearing... will advise soon on the outcome...

**Patrick** · 16th July 2007, 12:10

Just got home...

Tenants didn't show...

I am so surprised... NOT!!!!!

Tenancy terminated, possession granted back to us, bond forfeited to us and will be paid within 3 days... are over 7 weeks behind now, so at least it is something

Have to serve notice on them now, or attach it to the door if they are not home, which won't surprise me... Prefer to serve "personally" so will speak to friendly neighbour to make sure they are home.....

They will need to tidy gardens and mow lawns, as required under the tenancy, but I won't hold my breath there either....

as well as get rid of the 11 bags of rubbish in the garage (probably more by now, lazy feckers...) and if they don't, I will gladly deliver it to their new address or even better, I will "store" it in their car if we go down that path to seize it in lieu of payment...

Because they couldn't be fecked paying rent, the unarranged overdraft fees and interest raked up as a result can not be ordered by the Tenancy Adjudicator to be paid by them...

neither can the application fee to the Tenancy Tribunal... WTF????!!!!! Will see what the courts can do about that then.....

The fun FINALLY begins.....

**Deviant Esq** · 16th July 2007, 12:11

I wonder how many people have replied that you can drop the notice term from 90 days to 42 days by getting a family member in?! Read the thread people, or at least search it!

Best of luck Patrick mate, hoping to hear some good news!

**insane1** · 16th July 2007, 12:14

a lot better result than could of happened .as you say the fun really starts now good luck actually finding them to serve papers you need a few of us to turn up at the same time as you serve said papers.

**Patrick** · 16th July 2007, 12:17

Originally Posted by Deviant Esq

I wonder how many people have replied that you can drop the notice term from 90 days to 42 days by getting a family member in?! Read the thread people, or at least search it!

Best of luck Patrick mate, hoping to hear some good news!

Will keep all advised...

The 42 day thing could work, but you can't just chuck someone in for a few days to make it happen... it has to be a genuine family member moving in for a genuine term. A few days would not cut it and the tenants could turn around do me at the Tenancy Tribunal!!!

Anyhow, their game is now over... my game is about to begin....

**Patrick** · 16th July 2007, 12:18

Originally Posted by insane1

a lot better result than could of happened .as you say the fun really starts now good luck actually finding them to serve papers you need a few of us to turn up at the same time as you serve said papers.

Appreciate the offer, but all is good.... 6'2 and 100kgs should suffice thanks.