Termination Order ?

**richard56** · 25-04-2012, 09:56 AM

Hi
So in theory what is the quickest you could get a Tenant out for say not paying any rent.

How soon after the 14 day notice for rent arrears is up would the TT normally place a Termination Order ?
Or do we have to put in a ...rent not paid for 21 days notice ?

Plus ...Why are there 14 day notices and 21 day notices ?
Wouldn't you want any problems sorted out as quick as possibly..ie..14 day notice ?

Just a hypothetical question before I jump head first in to my first IP

Richard

**drelly** · 25-04-2012, 10:39 AM

It depends on the situation. Terminating a tenancy via tribunal order isn't necessarily the best option. I have a situation like this at the moment. The tenant seems to have a family break up, probably lost their job and I'm going to negotiate notice with him to end a fixed term tenancy. If he can give me 4 weeks notice, I can probably get a new tenant in there during that period. He gets to leave in a reasonable time, no court dramas and I can chase him for all unpaid rent with no vacancies.

**richard56** · 25-04-2012, 11:21 AM

Hi
Thanks for the reply.
I ask about how long after your apply to the TT because people are telling us all these horror story's about having a tenant not pay then you have to give 90 days before you can legally kick them out.
90 days with out any rent doesn't sound correct at all.

So how many days on average does it take the TT to issue a termination notice after you have go through your 14/21 day notice ?
Any idea ?
Thanks
Richard

**drelly** · 25-04-2012, 03:36 PM

If they're already three weeks behind you can apply immediately. termination can be the day of the order.

**Property-Manager-Auckland** · 26-04-2012, 11:04 AM

Quickies way issue a 14 day notice and then immediately apply to the Tenancy tribunal as they seem to take 2 weeks to do anything…

During mediation the mediator will give the tenant a order saying if they miss a rent payment by even one day you can get the bailiffs around to kick them out.

On a side note…tenants that are on a benefit will use and abuse the system…they will not pay rent for a few weeks and wait for the 14 day notice and then take it to WINZ and get WINZ to pay for their arrears. Then do it all over again…(I don’t allowed beneficiaries in my properties but had taken on a portfolio with some )

**richard56** · 26-04-2012, 06:38 PM

Hi
Thanks for that good info.
I know you cannot just advertise for no beneficiaries or any of the thousands of other things that are deemed discriminatory these days.
But I am correct in saying that as long as you don't give any reason at all for declining a prospective tenant then that tenant could never accuse you of being discriminatory.
True. ?
Thanks
Richard

**Perry** · 26-04-2012, 06:49 PM

Along with the "lots of discriminatory" PC things
that forumites mention, "never give a reason" is
much the same.

"Unfortunately, your application was unsuccessful."

"Why was that?"

"Another applicant was chosen ahead of you."

Which will do, even if it isn't really a reason.