Do councils have any powers to evict tenants?

[beakernz]

Our street has tenants from hell. Last night alone 3 police call outs from various people on the street. This is a regular thing. Do councils ever do anything about it? Can they do anything? Why would a council or Police allow a house to repeatedly terrorize a residential neighborhood for months with wild street parties, endless broken bottles, constant urinating on the street, cars, people's homes, fighting and drunken mayhem? Is there no line that is finally crossed and the council/police simply boots the animals out? If not then there damn well should be.

[mrsaneperson]

A big part of the problem in any kind of tenant eviction is combating the growing "softly softly" socialism task force approach that we've inherited & nurtured over the years.

[flyernzl]

Judging by Housing New Zealand's inability to evict a group of tenants with known gang connections, despite going right through an extensive and expensive court process, I'd say no.

[Gonad]

SFAIK I dont believe councils have the power to evict people from a house, unless the council is the landlord.

My advice would be to get together with your neighbours and start putting some pressure on the property manager of the hell tenants, if the PM wont do anything or if it is managed by the owner of the property then put pressure on the owner instead.

I think it is reasonable to assume that tenants of this nature wont be looking after the property so it is in the owners best interests to move them along. Ask the PM to issue them with a 14 day notice for disturbing the neighbours and go from there. Proof of the disturbance should be available from the police.

If the property owner is not on board then I'm not too sure what you guys can do, good luck

[beakernz]

If the property owner is not on board then I'm not too sure what you guys can do, good luck

Yeah, they say not their problem. I guess these landlords must know they can get away with anything. The good people of NZ are powerless to do anything. How is this possible that residents in NZ have zero rights and zero right to live peacefully in their own neighborhood? It's insane.

[props4u]

Our street has tenants from hell. Last night alone 3 police call outs from various people on the street. This is a regular thing. Do councils ever do anything about it? Can they do anything? Why would a council or Police allow a house to repeatedly terrorize a residential neighborhood for months with wild street parties, endless broken bottles, constant urinating on the street, cars, people's homes, fighting and drunken mayhem? Is there no line that is finally crossed and the council/police simply boots the animals out? If not then there damn well should be.

Nope, Sorry, councils can't do that unless they are the landlords

In your thread - Implications of CCTV cameras with audio in NZ?
http://www.propertytalk.com/forum/showthread.php?30561-Implications-of-CCTV-cameras-with-audio-in-NZ/page3

I mentioned I would get back to you on "Noise Control", I now deliver, however, now also knowing you're in Dunedin, am not sure Noise Control in Dunedin have identical operational procedures as in Auckland

You also mentioned you were about to meet with community constable. From what you are now saying, I take it meeting was fruitless, albeit, I would be interested to learn what constable had to say regarding CCTV (in light of my recommendation in "CCTV implications" post)

For what its worth and speaking of Noise Control (in Auckland) AND FOR OTHER READERS, found them very effective but only after ironing initial hiccups - Here's what to do

1 - Keep record of all events and complaints lodged including complaint numbers
2 - Supply all required detail to operator when lodging complaint
3 - If need be insist, otherwise request officer meets you at address close to but not yours or perps address
4 - When officer turns up, walk him to site so he can hear it for himself as he is approaching it
5 - Invariably, officer will leave you, go back to his car and drive it to perps address

Item 3 is crucial - This way perps can't detect his presence beforehand until they are busted, you otherwise risk perps going "quiet" because they sighted "official car" thus sabotaging and nullifying your complaint. Therefore ensure that meeting spot (address) is close to but not an address that perps can view or see what's coming to them, suggest make it around a corner away from them

Depending on how busy they are, noise control officers will turn up sometimes 15-20 mins or up to 30-50 minutes later after lodging complaint - Therefore, if as have read from your previous posts those are outbursts lasting no longer than 2 to 3 minutes, then I can't see how Noise Control can be of any use to you unless you present them with CCTV footage evidencing repeat occurrences

I very much doubt you can be had for invasion of privacy because anyone shouting and yelling in public place is clearly relinquishing all rights and claims to any form of "privacy"

With "Noise Control" out of the way, let us now focus on "Clueless landlady". From what have read in previous posts I suspect said landlady is stonewalling you, potentially because one of perps living there is relo of hers or relo of friend of hers such that "other" conflicting interests come into play

Any sound minded person would/should take complaint on-board and at least try dealing with it rather than at first acting "fragilely" or "cluelessly" then later presenting excuse such as "long lease" BS - Sorry but that is my opinion based on experience - Oh, and "Yes" even a Fixed Term tenancy agreement can be terminated if tenants fail to comply with conditions in which case 90 days notice applies - ask her for copy of agreement - My guess is you'll find out she doesn't even have a formal agreement with them!!! She is stonewalling!!!

I have had one such landlady who gave excuse tenant was owing her rent monies and has to deal with tenant carefully which is why doesn't want to present tenant with notice of termination - Ahhh! how sad - A year later, she forgot she had given that excuse before and gave it as excuse a second time! A year later, for crying out loud!!!

She evidently didn't give a hoot that because of her low life tenant we lost our "good" tenant and in process lost two weeks rent between old and new replacement tenants - OK, she is about to be summoned to tenancy tribunal as landlady!!!

Your choices are:
1 - Sell up and buy elsewhere
2 - Accept and live with it
3 - Object to it and deal with it to its finality - Don't start a war unless you are fully prepared to follow it through to the end

The third choice means you have to dedicate all resources and time accordingly and to that end be prepared to offer yourself to said landlady as her future Property Manager for that address and be prepared to take on that job yourself - If only for your future peace of mind and enjoyment of your property

Prior to next meet or conversation with landlady collect from sympathetic neighbours, "formal" signed letters of complaint, the more the better

Also - Try finding (from others here) template for an agreement form titled "Instructions to act as managing agent", study it and prepare it by filling out your details

Organise meet with landlady

Present and discuss with her the letters of complaint then discuss the management of her property and get her to sign agreement promising (as per agreement) that you will take care of her property for her - The going rate in Auckland is 7.5% of rental income, offer it to her for only 2% of rental income plus advertising costs, an offer she can't refuse - That is it!

If she bites, then do it for your peace of mind
If she doesn't then that is proof of stonewalling (for whatever reasons and undeclared conflicting interests) at which point you ramp it up to the next level, open warfare

Take her as "landlady" to the Tenancy Tribunal!!!
End of story!!!

Taking it to tribunal, you may or not gather up support from neighbours and do it jointly but not imperative, you alone can take that landlady to tribunal - Likelihood is most peeps shy off such stuff but if perps are that bad you should get at least one other joint complainant

I would still like to know what constable had to say re CCTV, are they or not prepared to install one in your premises?

[beakernz]

Thanks props. We have a community constable taking ownership, big neighborhood meeting planned this week, also a councilor in communication with us and wanting to be kept "in the loop". Police have these flats on the map now etc. Landlady is 100% unresponsive. She considers us a nuisance, even said we were harassing her when we have been friendly from day one and trying to inform her of what was going on. Her flats are trashed. She seems to not care about any of this. We will continue on with what we are doing and am hoping the police and council can remedy this by applying direct pressure to the landlady. You mentioned taking them to tribunal court, this sounds promising. What can happen in regards to tribunal court? We would likely have 5-7 neighbors on board with complaints, there is already a large police history. Can the tribunal force the landlady into action or is this just going into more bureaucratic circles?

P.S. police have had no issues with the cctv + audio.

[Keys]

OK, she is about to be summoned to tenancy tribunal as landlady!!!

Take her as "landlady" to the Tenancy Tribunal!!!
End of story!!!

Taking it to tribunal, you may or not gather up support from neighbours and do it jointly but not imperative, you alone can take that landlady to tribunal - Likelihood is most peeps shy off such stuff but if perps are that bad you should get at least one other joint complainant

Interesting concept.

Please let us know what legislation enables you to do this?

[props4u]

Interesting concept.

Please let us know what legislation enables you to do this?

Bulk of this material here is directed towards beakernz

Unless I have been deliberately misled by specialist - and When suggesting taking landlady to Tenancy Tribunal (TT) I do so based on Unit Titles Act (UTA) which was ammended in 2010 with regulations released/published in 2011 and now possible to take owner (not tenant) to court

Am guessing here but imagine this was designed so, placing onus on owner to keep tenants in check and as a means of dealing with such non compliant owners who, as in your case (beakernz), fail to take appropriate remedial measures or eviction of tenants - dunno

While endeavouring to find out if those flats is/are indeed a BC, it is in any event well worth researching and recruiting fellow complainant(s) living at/in any one of those said flats. If yes, all the better since you need one such to take issue to TT, that is, be such complainant either of an owner or a tenant

Also try CAB. In "some" Auckland CABs (not all and dunno about Dunedin) they have lawyers volunteering some of their free time for such advice but best to do so as solid unified action group which you now obviously are - That is assuming at next action group meeting you form committee and appoint representative accordingly

Extending concept, also well worth getting financial contributions from all complainants to go towards initial legal cost thus spreading burden of costs and go see lawyer about it

From your added info (beakernz) - landlady is not prepared to do anything, worse still behaving akin to other one I mentioned. They go on offensive from the word go, designed to put you on defensive, with none other than lies and more lies - I never knew this and only learnt it couple of years back, that they are primed and taught to do so at "Assertion Classes" they attend (north island tribes) - Alas, sounds like it has spread down South too

Suggest start reading/researching from following page

http://www.justice.govt.nz/tribunals/tenancy-tribunal/relevant-legislation

and read page 18 of

http://www.dbh.govt.nz/UserFiles/File/Publications/unit-titles/unit-titles-quick-guide.pdf

Other than to say I've done my dash, will say this - One day (sooner the better), I shall thoroughly enjoy publicly exposing some peeps around here (my end). I've already done it with some beaut footage and audio clips albeit in controlled and contained fashion (meaning internal to BC, not yet publicly)

good luck, please keep us informed!

[Keys]

Interesting. Looking through the RTA under jurisdiction of tribunal I find no mention of jurisdiction for unit titles (page 18) Please educate me more.

[Maccachic]

Dunedin has a community law service which is filled with law students and overseen by qualified lawyers, I have found then very useful in the past at sorting out neighbour issues.

I am just guessing, but think BeakerNZ may be fighting an uphill battle (I am assuming you have brought in or close to studentville) which will continue with each new intake of students, so while they may get this years lot sort, next years will cause a similar issue.

Dunedin has tried on numerous occasions to sort out student issues but nothing has worked - look at Hyde street party etcits indoctrined in Dunedin Uni life and its going to be really hard to change - not that I am condoning it.

[Keys]

Interesting:

Take her as "landlady" to the Tenancy Tribunal!!!
End of story!!!

What particular person in this list do you think the OP is?

Have you seen the application fees?

Category one $3300
Category two $850

Not cheap.

[Perry]

Ouch! Obviously the DBH collects no dosh from such people,
so charges a realistic fee instead of the standard sop amount.
I wonder how many TT claims would be lodged by tenants
and/or LLs if those sorts of fees prevailed?

Drawing a parallel with the Disputes Tribunal ($40-something
fee isn't it?), I wonder if it can 'hear' any other types of claim
at xx times the normal fee?

[beakernz]

Dunedin has a community law service which is filled with law students and overseen by qualified lawyers, I have found then very useful in the past at sorting out neighbour issues.

I am just guessing, but think BeakerNZ may be fighting an uphill battle (I am assuming you have brought in or close to studentville) which will continue with each new intake of students, so while they may get this years lot sort, next years will cause a similar issue.

Dunedin has tried on numerous occasions to sort out student issues but nothing has worked - look at Hyde street party etcits indoctrined in Dunedin Uni life and its going to be really hard to change - not that I am condoning it.

We're on a residential street out of studentville. Tenants are not students, just pissheads on the dole. In some ways I wish they were students so at least the university could get involved (another flat I know of 3 blocks away was sorted out like this, uni said they were breaking some sort of student code and would be expelled. It sorted them out quick).

What is stunning in all of this is that residents in NZ have zero rights. Drunken tenants can raise total hell on the street all night. They have a right to do this? Yet good law abiding kiwi families have no right to a peaceful street? It's beyond absurd.

[props4u]

Interesting:What particular person in this list do you think the OP is?

u got me on this one, pls tell what "OP" stands for, thx

Have you seen the application fees?

Category one $3300
Category two $850

Not cheap.

Ah, now you're talking ... re cost

Fees are capped to what is, as stated - If/when comparing it to old system where you had to take issue to high court, there's no telling or guarantee of cost which could escalate to anything between 10 and 20 grand especially when contested, simply because they can do so, because as company, they are better resourced, say like when at same time one is also dealing with wayward BC Secretary with blatant overt favoritism backing principals behind such scumbags and without whom such situation would not have arisen in first place

Knowing that price is fixed and can't rise any higher am for own future peace of mind happy to pay it rather than let scumbags have their way and rule - That is akin to previous statement made promoting "3 strikes and you're out" rule. I say throw them in jail instead of giving them home detention or bail AND am happy to pay higher taxes to achieve this - Am not rolling in it and have to go to work everyday, unlike scumbags on the dole acting as pawns for callous entities who have little regard for one's basic rights

It is deplorable when dudes like beakernz have to endure such behaviour, what have/do such pissheads contributed to our society? Nothing but leaching off society, just like my scumbags

It is deplorable when perps have more rights than victims
It is deplorable when perps get let off with home detention
It is deplorable when car thief who was previously wanted by police for failing to appear in court a year earlier, when caught with stolen car, gets let out again on bail by judge!!!

It is deplorable when ex Ministers and Knight get let off with home detention just because they once were minister/knight - It's OK for them to be fat cats and enjoy fruits of being fat cats but it's NOT OK for them to take responsibility for their actions or carry the can for what happened and what has been done WHILE they enjoyed such fruits as fat cats - What about those who lost everything they had and won't get single cent back ???????

It is unfortunate those stated prices are what one has to pay and whilst unfair one should have to pay such high price for justice or to enforce one's rights, so be it and will pay it, rather than let scumbags rule!

A trillion thanks to our PC oriented mentalities who live in insulated dreamworlds and haven't got a clue of what it's like to have one's rights trodden on and don't have to live close to such low down scumbags

I'd dearly love to watch effect on any one of those PC loving entities when/if they are victims of or being accused of or being called sicko etc by scumbags

PS. Yes, as beakernz stated, it is beyond absurd! IMO, it is bordering on sick society am no longer proud of - Other than to respond to your clarification of "OP" don't think I'll be posting here for while cuz has just dawned on me ranting/raving is not helping me, I deal best with issues quietly keeping them contained, besides which, have ton of other stuff should instead be doing - Would be lurking and reading though