Rent increase and notice of end of tenancy

[skid]

Quick question--can you give tenants notice of a rent increase and still give a 90 day notice ending the tenancy within that time (say 3 weeks later)--just looking at my options

[Leftette]

Why would you want/need to? If they're moving out in 3 weeks prior to the rent increase, it's moot.

[skid]

Why would you want/need to? If they're moving out in 3 weeks prior to the rent increase, it's moot.

They have no plans to move out,but have become quite reactive when even small issues arise(feeling that we are favoring the neighboring tenant ever since there was a noise issue)

This tenant has moved out.
We are not talking a major ghetto blaster situation and maybe she was just sensitive ,but she has also complained that the tenants in question always fill the clothes line which made it hard for her with laundry.

I wrote to them and asked to please leave some space for the new tenant(especially since the tenants in question have an additional area they can dry clothes.) (not a big deal ,but just to get off on the right foot)

I got a very reactive call complaining she was very upset that we were always favoring the other tenant.

Its time for a rent increase anyway-but if the noise or other problems persist and affect the new tenant,then Id like to wash my hands of them.

Its not enough for eviction but they are really hard to deal with so thats where the 90 day notice would come in.

Just want to make sure Im not burning any bridges with the rent increase---there is still a realistic chance that things will be fine with them and the new tenant.

And hopefully us too if they dont spat the dummy on the rent increase .

[mrsaneperson]

I think you need to be diplomatic & just give them the 90days notice to move out. This will make relations less antagonistic, plus it should work in your favour as the tenant will be more receptive to showing new people the place when you advertise.

Also if i were you i'd look more closely at the noise factor she was complaining about. In situations like you have, where close proximity exists between tenants,even low noise levels can easily become a big issue.

[skid]

Im not sure that a 90 day notice is really the diplomatic way to go.
Seems more diplomatic to issue the rent increase as we were going to do anyway and see how things go.
If it turns to custard ,then the 90day notice to leave---question is, am I allowed,after the notification of rent increase (60days) to then give the 90 day termination of tenancy. (this is obviously a turn of events)

to clarify--they have rent increase notification with ,say 30days to go,or maybe its even in effect and they are paying --but then things start going bad -can we immediately issue a 90day notice to end the tenancy? (with of course no reason)

[mrsaneperson]

The 90 day termination notice is independent from any rental increase notices.

60 days rental increase notification is required.

[skid]

So basically we can cast aside the rent increase and go for the 90day notice to end tenancy if required--thats what I was looking for ..

Its not a lost cause yet-but good to know the options...cheers

[Keys]

Rent increase. Yip, do that
90 day notice, yip do that.
Both can and should be done.

[skid]

Sounds like its ''yip'' all the way Cheers

[stakeproperty]

I'm confused as to which tenant is the new tenant - the one getting the increase / 90 day notice or the other one?
If it's the new tenant, be aware that you can only issue a rent increase 180 days after a new tenancy begins.
But in answer to your question each issue is independent of the other, so both can be carried out.

[skid]

I'm confused as to which tenant is the new tenant - the one getting the increase / 90 day notice or the other one?
If it's the new tenant, be aware that you can only issue a rent increase 180 days after a new tenancy begins.
But in answer to your question each issue is independent of the other, so both can be carried out.

the new tenant has replaced the old tenant who left because of the tenants on the other side of a 2 flat house.
Its the old tenants -ie supposeably noisy ones that are due for an increase and if friction continues with new tenant then 90day notice for the old tenants

[td91]

May as well give the old tenants a rent increase and if they act up for the new tenants give them 90 days. I'm not sure I'd even bother doing a rent increase to be honest, easier to flick them 90 days notice and relist the property for rent with a new rent amount and just get some better tenants in.

[Keys]

Why wait the 90 days? You issue a 90 day notice to get them gone. A reasonably large rent increase gives tenants the incentive to move before that takes effect. Thereby making the 90 day notice redundant.

[skid]

Its a bit of a ''grey area '' situation.

The old tenant was an excellent tenant but may have been more sensitive than normal from noise (like footsteps on the common floor)
I dont think the noise was an ''over the top'' situation--the new tenant may not even notice it.
When the new tenant moved in ,the old tenant mentioned when introducing herself that noise had been an issue with the old tenant and and to let her know if there were any problems--this gave me reason for optimism.
Its time for a rent increase but I thought a trail period was worth a go as there is a realistic chance it could run smoothly from now on.
Could have been just a bad mix of one tenant not realizing how the noise carries and the other being overly sensitive.

I may let it run for the first few weeks and then check in with the new tenant--If things are settled then just go with the rent increase.

As a side bar-we got pummeled by the rates on this Mt Albert property-we were away when it happened and missed the objection period.
We pay $3870 on a Mt Albert bungalow in 2 flats (does have a section which adds to that)
If we ever go through a revalue from the council ,we will object.
(Its more than our Mt Eden Bungalow with 1/4 acre section (in one house)--(dont even get me started on insurance rises)(2 separate policies because its 2 flats)

[Fond Memories]

You sound like a complete plank and a selfish one at that. These are people's lives and homes you are talking about.