False Information on Tenancy Application Form

[Craig A]

Prospective tenant filled out application and used false name as current landlord.
When I rang the guy, twice, he said he was the landlord and that the tenant was fine.
I was suspicious but he sounded very plausable.
Unfortunately I gave her the house.
I found the owner, a company, from city council files, and the directors from the Company Office.
I then drove past the other house and saw it was for sale and rang the agent who told me what was going on.
The tenant had been evicted from this house.
She has been behind with the rent from the start due to being a beneficiary and me not being registered with WINZ.
I issued a 14 day notice for the rent and also for false information. She paid the outstanding rent yesterday, the day before the 14 day notice expired.
How serious does the TT treat this sort of fraudulent false information?

[Hound]

Sounds like trouble, issue a 90 day termination notice. Continue with your arrears letters so it's possible to terminate before 90 days is up. Get someone new in before Christmas.

[Keys]

Read Section 78 (1g)

[Craig A]

Thanks Keys, but do you know of cases like this and what the end result was?

[Keys]

Never seen a ruling using that clause.

[td91]

Issue a 90 day termination notice, if she goes to the tribunal for what ever reason you can state that she supplied false information on the application.

Advice for taking on WINZ beneficiaries on as tenants: Ask them if they are fine to set up redirections straight from WINZ to you (the landlord) it's as simple as you (the landlord) filling out a form and them actioning it to WINZ. If they refuse to do this without good reason that's your first red alert to stay away from taking on the tenant.

[Craig A]

Thanks td91.
I filled out a form to redirect WINZ payments from her previous landlord to me.
WINZ eventually paid the bond and 1 weeks rent. She seems to be paying the rent now(when she feels like it)
Real pain dealing with her case manager, you cant ring him, have to go to WINZ office, stand in a queue just to leave a message for him to ring you. If you ask any questions he quotes privacy and wont answer.
If I issue a 90 day termination, will the TT say this is retaliation.

[artemis]

.... snip... If I issue a 90 day termination, will the TT say this is retaliation.

Cannot see why. Landlord can give 90 day notice for any or no reason. On what grounds could the tenant go to the TT? LL chasing up late rent? Don't think so.

[ninercharlie]

Two points. I am aware of RTA s 78 (1) (g) but I also draw the provision to the attention of a prospective tenant by including in the Tenancy Application Form “The above information is true and correct to the best of my knowledge. I understand that if I supply any false information it may be sufficient grounds for the termination of any tenancy agreement I enter into with the landlords”. Now to the Privacy Act and WINZ. WINZ will cite the Privacy Act when they do not want to talk to a landlord. If a WINZ client tenant is breaching it would not be unreasonable to ask the tenant to tell her case manager that it is OK to talk to the Landlord on the grounds that information provided by WINZ may assist the Landlord in decision making. Look at Privacy Act 1993 s 6 Principle 10 (b). Good cooperation between a case manager and a landlord can save a beneficiary’s tenancy and that could be to the benefit of both parties. A refusal to talk will have the opposite effect.

[PTWhatAGreatForum]

Rather then engaging in beneficary bashing, you should be having a word to your local MP about increasing benefit payments to keep in line with the real cost of living.

[Keys]

Beneficiary bashing is a good pastime. Especially as you should know that stereotypes are that way because, well, most people in the stereotype do the things they are accused of.

increasing benefit payments

BTW. That money doesn't grow on trees ya know.

[PTWhatAGreatForum]

Beneficiary bashing is a good pastime. Especially as you should know that stereotypes are that way because, well, most people in the stereotype do the things they are accused of.

Like what? Being in the unfortunate position of not having a job? (Due to a failure of your much vaunted free market). Just because yourself and myself are smart + lucky enough to engage in business does not mean everyone else has this innate ability. The um... working class... is what keeps us in the positions we are accustomed to. Don't bite the hand that feeds.

BTW. That money doesn't grow on trees ya know.

In New Zealand, as with the rest of the Western world, the money supply has no relation to anything tangible. How else do you think you'd fund the sorts of dollars necessary to become a property magnate these days? So in the same mechanism as you expect "capital gains" on your property portfolio, and easy credit at the bank, we can make a few more crumbs appear to help out the marginalised in society.

Or we could wait until there is a revolution.

[Craig A]

I thought this was a forum about landlord/tenancy issues. I'm sure there are plenty of political forums for you to express your views. But then again, you're probably the sort that thinks it quite ok to lie on application forms.

[PTWhatAGreatForum]

I thought this was a forum about landlord/tenancy issues. I'm sure there are plenty of political forums for you to express your views. But then again, you're probably the sort that thinks it quite ok to lie on application forms.

I don't advocate lying on application forms or anywhere for that matter. But, I understand why some people would feel the need. The irony is when habitual landlords complain about the inherent nature of the very system which they are exploiting to their advantage.

[td91]

Thanks td91.
I filled out a form to redirect WINZ payments from her previous landlord to me.
WINZ eventually paid the bond and 1 weeks rent. She seems to be paying the rent now(when she feels like it)
Real pain dealing with her case manager, you cant ring him, have to go to WINZ office, stand in a queue just to leave a message for him to ring you. If you ask any questions he quotes privacy and wont answer.
If I issue a 90 day termination, will the TT say this is retaliation.

No the TT will see evidence of constant history of arrears, which makes it fairest to end the tenancy.