How do I get bad tenants out fast

[Perry]

A tenancy agreement is not a normal commercial contract.

Exactly. It should be. Just as a commercial lease is.

I don't think you really want that. Imagine the costs & grief of having to apply through the district court to enforce a contract.

By commercial, I'm referring to the ability of each party
to define their own terms. That includes LL's "right to
re-enter" in the event of a serious breach of condition[s].
An example of the bias that we all "deal with" but don't
like, is in the recently quoted section of the RTA where
a LL can give up their rights but a tenant can't. It's plain
socialist bias. It precludes people from growing up.

[roseneath_rat]

A hire purchase type agreement is a consumer credit contract, not a commercial contract. Consumers have protections under legislation like Fair Trading Act, Consumer Guarantees Act, etc. The whole idea of consumer legislation like this is to prevent overbearing commercial entities from taking advantage of the undereducated (usually the target for consumer lending!). You can't contract out of the minimum obligations provided by the Acts.

A vendor can prominently display a sign that "absolves" them of any product liability, but just because they say so doesn't make it so.

The environment designed by the Tenancy Tribunal and Disputes Tribunal are designed to avoid the lengthy and costly enterprises of commercial contract disputes. Would you like to wait 3 months for a district court hearing to clear up rent arrears?

Having had the joy of attending Disputes Tribunal hearings I have been both amused and intensely infuriated by the arbitrary 'dispute resolution' that devy logic, but the alternatives are worse.

[grumpy11]

The problems with these tenants are far from over, just as I somewhat expected.
As they did not pay the rent and caused damages, we claimed the bond lodged from TS. This bond is not nearly as much as they actually owe us.
However, to our surprise they entered a new tenancy with another landlord. The bond for this new tenancy was to be transferred from our place via TS onto the new premises which they rented without paying actual bond. They told TS, that all rent had been paid in cash and they had not been given receipts.
However this is yet another lie! They never paid anything other than the bond which was lodged with TS immediately upon receipt plus one weeks rent in advance, which they settled with a cheque.
We have no tenant paying in cash, they all pay into bank account for ease of accounting and control that rent has been received etc.
Now it seems to be the tenant's word against ours, anybody got any ideas how to approach such a situation with TS?

[drelly]

If you know who the new landlord is, I think it would be fair to alert him to the situation.

As for the "cash" claim. I doubt that any mediator would believe them if you were able to show them well recorded rent payments for all your other properties.

cheers,
Dave.

[grumpy11]

Thanks Drelly
No, we have no idea who the new landlord is or where
they are. I will try and see if TS will offer this info.
Possibly they will not.....because of privacy act.
Would you consider mediator to be good enough for this argument of missing rent and cash pay claim, or should we ask for Tribunal hearing without mediation?

[drelly]

No, they won't tell you who he is then.

I wouldn't even consider mediation with the history of these two. Total waste of time.