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Hi all,
Glenn yesterday sent out this email below (I have only pasted the first paragraph. If you wish to read all of the email I have published it to Glenns Corner - link below.
To all landlords on our mailing list
Here is a news release from the NZPIF and Tenancy Services.
If you have a copy of the Residential Tenancies Act you will notice that section 56 states nothing about the 10 days being up at the time of the application unlike section 55 (1) (a) that states the rent must have been 21 days in arrears at the time of the application.
For many years various courts around the country and various Tenancy adjudicators, and at various times the same Tenancy Adjudicator interpreted section 56 in accordance with this new nation wide direction and interpretation.
Now for those who are getting a bit confused. Here is my advice based on many successful and also many unsuccessful applications to the court using section 56.
You need to make a value judgement on what the problem with the tenant and their non payment of their rent is. For me I perceive the non payment of rent very early into the start of the tenancy as being very ominous. As such all misses of the rent for what ever the given reason with in two or three weeks of the start of the tenancy get a 10 day notice. If the rent is then paid with in say by one week then obviously the problem has been remedied. If the problem has not been fixed by this date then put your application into the tribunal. For those tenancies that seem to be heading down hill fast i.e. like 2 weeks in arrears suddenly appears several months into the tenancy then issue your 10 day notice and get on with the problem. You need to make sure that mediation appointment is scheduled not earlier than the 10 working days from when the notice was given.
Glenn
Best regards
Marc
Glenn yesterday sent out this email below (I have only pasted the first paragraph. If you wish to read all of the email I have published it to Glenns Corner - link below.
To all landlords on our mailing list
Here is a news release from the NZPIF and Tenancy Services.
If you have a copy of the Residential Tenancies Act you will notice that section 56 states nothing about the 10 days being up at the time of the application unlike section 55 (1) (a) that states the rent must have been 21 days in arrears at the time of the application.
For many years various courts around the country and various Tenancy adjudicators, and at various times the same Tenancy Adjudicator interpreted section 56 in accordance with this new nation wide direction and interpretation.
Now for those who are getting a bit confused. Here is my advice based on many successful and also many unsuccessful applications to the court using section 56.
You need to make a value judgement on what the problem with the tenant and their non payment of their rent is. For me I perceive the non payment of rent very early into the start of the tenancy as being very ominous. As such all misses of the rent for what ever the given reason with in two or three weeks of the start of the tenancy get a 10 day notice. If the rent is then paid with in say by one week then obviously the problem has been remedied. If the problem has not been fixed by this date then put your application into the tribunal. For those tenancies that seem to be heading down hill fast i.e. like 2 weeks in arrears suddenly appears several months into the tenancy then issue your 10 day notice and get on with the problem. You need to make sure that mediation appointment is scheduled not earlier than the 10 working days from when the notice was given.
Glenn
Best regards
Marc