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so i bought a house, looks like the tenants might not be moving

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  • so i bought a house, looks like the tenants might not be moving

    we take over on thursday, vacant possession but the inmates havnt shown any movement, we have already told the vendor if it isnt vacant there wont be any money, the tenants agreed to be out 6 weeks from the sale going unconditional and signed a document to that effect, 6 weeks is up tomorrow if they dont go what are the options??? if they do go if there is stuff left in the house can i bin it??

  • #2
    Originally posted by jimO View Post
    we take over on thursday, vacant possession but the inmates havnt shown any movement, we have already told the vendor if it isnt vacant there wont be any money, the tenants agreed to be out 6 weeks from the sale going unconditional and signed a document to that effect, 6 weeks is up tomorrow if they dont go what are the options??? if they do go if there is stuff left in the house can i bin it??
    I'm sure Keys will have a good answer for this but I'd;
    1. File an emergency hearing with tenancy tribunal for an evicition.
    2. You are allowed to bin anything that you can reasonbly assume to be rubbish. The rest has to be stored for I think 30 days(?) and then you can apply for a disposal order to sell to defray costs or dump it.
    You can find me at: Energise Web Design

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    • #3
      Put it all back on the vendor its not your problem its theirs. You will find there are generally penalty's build into the contract for failing to settle as you have stated vacant possession this may put vendor in breach, speak to your lawyer.

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      • #4
        Originally posted by Maccachic View Post
        Put it all back on the vendor its not your problem its theirs. You will find there are generally penalty's build into the contract for failing to settle as you have stated vacant possession this may put vendor in breach, speak to your lawyer.
        Of course... this is not your problem. My advice is what the vendor should do!
        You can find me at: Energise Web Design

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        • #5
          Maccachic has it. Get legal on their arses and impose those penalties. This situation would really annoy the hell out of me - makes you wonder why the vendors haven't acted sooner though.

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          • #6
            Originally posted by Leftette View Post
            Maccachic has it. Get legal on their arses and impose those penalties. This situation would really annoy the hell out of me - makes you wonder why the vendors haven't acted sooner though.
            the vendors have been trying to move them on, its a solo mother with 4 kids a live in unemployable partner and a unemployed brother, all on the public tit, our lawyer is aware of the situation

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            • #7
              I wouldn't be making it my problem leave it up to the vendors they created the situation they can deal with it. The penalties lie with the vendor not the renters - prob not worth the vendor chasing the tenants for it as sounds like they couldn't pay.

              Perhaps they could speak to the local black power mob seemed like a nice enough bunch down there when I was a kid.

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              • #8
                Solo Mother with live in partner - how can that be?
                Not so Solo then.
                What does DSW have to say about that?

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                • #9
                  I agree with what others have said - it's the vendor's problem not yours.

                  Originally posted by Wayne View Post
                  Solo Mother with live in partner - how can that be?
                  Not so Solo then.
                  What does DSW have to say about that?
                  My thoughts exactly, please report this to WINZ for every taxpayer in NZ's sake.

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                  • #10
                    Unless you have a particular requirement to take possession on the due date just go with the flow and collect the penalty interest from the late settlement.

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                    • #11
                      Originally posted by Wayne View Post
                      Unless you have a particular requirement to take possession on the due date just go with the flow and collect the penalty interest from the late settlement.
                      Genuine question.
                      I understand how penalty interest works when the buyer does not settle; how does that work when the vendor doesn't ?

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                      • #12
                        no we need them out because i have a new set of undesirables ready to move in

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                        • #13
                          How did you get on jimO - today is Thursday?

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                          • #14
                            they were supposed to be gone at 12, we took possession at 4 they were still moving stuff about, at 5 my wife told them to f#$ off her property so they dumped all the furniture and assorted dross on the grass verge, there is still bits n pieces outside now plus bags of clothing in the garage, i have a skip coming tomorrow and i have told them anything still left behind by saturday morning is going in it. The oven is so filthy its going in the skip as well, they havnt paid rent for a month and the ex owner doesnt hold much hope for getting it, so any Dunedin LLs who have a skinny solo mother with 4 kids, 2 rotties, caged rats and a cat be warned there will be a group of assorted losers moving in with them

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                            • #15
                              Hmmmm, interesting. The title of the thread drew it to me to view. You say you have some undesirables moving in jimO. What type of property is it and what type of undesirable are you moving in?
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