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  1. #1

    Default How do I get bad tenants out fast

    Tennants have not paid rent for now 4 weeks, do not follow any rules set out in tenancy agreement either.
    Unbelieveable mess, no rubbish disposal, no empty bottle disposal. Smoking in the house after signing not to smoke!
    Additional occupiers which are not on agreement. Various visits to get rent paid unsuccessful, just promises without any substance. Only get abused and told to .. off or else. But never have the luck that they threaten while I have witnesses. Served 3 month notice on them as a precaution, also served a 10 day letter 2 days ago personally to pay rent arrears of 4 weeks.
    They tell me to get lost and tenancy people are on tenants side all the time in any case. They say we will need to apply in writing and this will take 21 days from lodgement after the tenant is 21 days behind with rent. This will bring it into Christmas week and tenancy services can do nothing then therefore we will be without rent and have these in my opinion squatters in the place until February without getting rent.
    Was told by helpline of tenancy services this is the rules and if we get no money from tenant at the end of it all this is just tough, but we can according to tenancy person afford this better than the poor tenants.
    This is a nightmare, I thought that these tactics are the same as theft because the house is mine and they sit in it without paying anything because apparently the tenancy service is on their side.
    Can anyone tell me how we can get rid of them jsut the same and fast?
    Thank you,
    grumpy11
    They claim they know the rights

  2. #2
    Join Date
    Jan 2004
    Location
    Turangi
    Posts
    133

    Default

    Hi Grumpy 11
    You have to go through the process, the trouble is you got the 10 day notice to the tenant far too late, it should have been delivered as soon as the first rent was due, you would have them in court and a eviction notice served and out.
    You are going to have to follow the process and I hope you retreive the moneys owing.
    Good Luck Hort1

  3. #3
    Join Date
    Nov 2005
    Posts
    3,286

    Default

    Hello Grumpy,

    Welcome to landlording. At least take heart that everybody has gone through this sort of thing. It is a necessary learning curve.

    Do the following.

    1/ Get as much information about the tenant/s on the agreement as you can so you can trace them when the tenancy is over. Car reg. numbers are simple and easy take down. Also find out where they work, and so on.

    2/ Go round and get them to threaten you in some way. (Use common sense here of course.)

    3/ File for immediate termination on grounds of a/ threat of violence against landlord and b/ 21 days in arrears.

    4/ Once they are out sort out the mess and claim again for other costs. This can be added to the first termination order.

    Ask the TS help desk for advice on the process to follow, but be wary of that advice. (I find it hard to believe that they told you that you were better able to afford the outstanding rent than the tenants.) Stress on your application that you need a quick hearing date, but do not hold your breath.

    These steps will help to minimise your loss. Look on the bright side though: you will probably do things differently in future.

    xris
    Last edited by xris; 30-11-2005 at 06:43 AM.

  4. #4
    Join Date
    Sep 2003
    Location
    High up above and deep down under
    Posts
    10,802

    Default

    Hi Grumpy

    Offer them an inducement/early Xmas present to leave quickly.

    Regards
    "There's one way to find out if a man is honest-ask him. If he says 'yes,' you know he is a crook." Groucho Marx

  5. #5
    Join Date
    Jan 2004
    Location
    Whangarei
    Posts
    5,263

    Default

    File for a tribunal hearing today... do not get suckered into mediation! You may be able to get a hearing next week if you convince them it's urgent enough. Request an order for arrears, eviction and by the sound of it... damages. However, the tricky part is that you can't specify damages at the moment but you want everything on the same order or you'll have trouble collecting it later. Enquire as to whether they can give you an eviction order now and suspend the rest until after you've had a chance to assess your costs. Alternatively, you could file for eviction only and then go back for arrears and so on. DO NOT split your cost claims across two orders if you can avoid it, as only one tribunal order at a time can be claimed via an order of examination.

    good luck!
    Dave.

  6. #6
    Join Date
    Jun 2005
    Location
    Auckland
    Posts
    3,936

    Default

    1/ Get as much information about the tenant/s on the agreement as you can so you can trace them when the tenancy is over. Car reg. numbers are simple and easy take down. Also find out where they work, and so on.
    Definitely a must do. Easier to get any info now Rather than later.

    Good luck with the problems.
    -Stay calm do everything your end by the book.
    - It does take a while but it is all we have to go with.

  7. #7
    Join Date
    Jun 2004
    Location
    Kapiti
    Posts
    580

    Default

    Grumpy, whatever you do don't let the tenants know about it in advance. Surprise is essential when dealing with "we know all the rules" types.

    Also build a good working relationship with someone from tenancy services & the court staff you will deal with.

  8. #8
    Join Date
    Jun 2005
    Location
    Auckland
    Posts
    4,776

    Default

    Quote Originally Posted by grumpy11
    They claim they know the rights
    From what you have relayed, they may not be quite up to date.

    You can file for a Tenancy hearing at the same time as you hand over the 10-day notice. The hearing should be granted approx 21 days after that, and if, at the time of the hearing, the tenant is 21 days in arrears, the Tribunal can kick them out then.

    Landlords do have rights, and the Tribunal is not ALWAYS on the side of the tenant. They may rule in favour of the tenant where there is some dispute over what has or hasn't happened, but if you have documentary evidence (e.g. rent records showing arrears, tenancy agreement), then they can only rule in your favour. What you've got to watch out for is what story they will come out with about how they paid you cash and didn't get a receipt, how they told you about their cousin who was staying wiht his dog in tow etc. etc.

    Accept that you have started late, but that doesn't mean you can't win the race - property is a long term game, and even if it takes 3 months to recover from this, you'll still have the property and in 10 years time, it'll be worth it!

    Good luck

    cube
    DFTBA

  9. #9
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    10,333

    Default

    How practical is it to contact the electricity supply
    company and - ahh - discuss the matter? While there
    may be Privacy Act restraints on what they can tell you,
    I don't think the reverse applies. (Also, if the tenants
    use the swipe card system, this wont help!)

    E.g. "I'm having touble with tenant x at place y. They
    aren't paying the rent. Are you being paid in a timely
    fashion?" Or, "do they owe you money, too?"

    What happens then probably depends on who you
    talk to.

    While this may not directly help you, if the tenant's
    electricity supply is cut-off sooner because of your
    'helpful information,' the incentive for them to move
    gets greater.

  10. #10
    Join Date
    Nov 2005
    Posts
    3,286

    Default

    Quote Originally Posted by Perry
    How practical is it to contact the electricity supply
    company and - ahh - discuss the matter? .
    Not practical. Nice thought though.


 

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