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  • Another BAD tenant

    It has only happened 2 times in 15 years of renting properties but when it does it really tests all of your emotions especially anger! Been ripped by a tenant, is 6 weeks in arrears and the 90 day notice to end tenancy has been and gone but the tenant still there. Now have filed eviction notice so going thru the trauma of dealing with an irate verbally and physically abusive tenant and a legal system that is on side of the tenant.

  • #2
    this is when i'm happy to have a property manager

    nothing is personal and so the emotions should be reduced

    the tenant knows the manager/court/baliffs have to do their job and it's pointless asking for special consideration

    and the owner knows it will/should get done as quickly and as efficiently as the law allows
    have you defeated them?
    your demons

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    • #3
      Yes agree about PM and we now have one.

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      • #4
        Oh, but we nasty, greedy property investors have an unfair advantage and we should all put our money into shares!

        It is times like this that tests you, luckily for you it only comes around once every decade.

        FH

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        • #5
          There are a lot of could have, should have things which could be posted. Unless you have done it yet, do an online application at the tenancy tribunal for termination confirmation and possession. Insist upon bypassing mediation. Get termination and use it with the court bailif. Join TINZ for future checks on tenants. Take four weeks for bond. Issue ten day notices on day one of rent arrears. Apply to the TT on day 4-5 of rent arrears. Count your blessings that you've had just two bad ones. Have you vetted your PM very hard and well?
          www.3888444.co.nz
          Facebook Page

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          • #6
            Originally posted by hadenuf View Post
            It has only happened 2 times in 15 years of renting properties but when it does it really tests all of your emotions especially anger! Been ripped by a tenant, is 6 weeks in arrears and the 90 day notice to end tenancy has been and gone but the tenant still there. Now have filed eviction notice so going thru the trauma of dealing with an irate verbally and physically abusive tenant and a legal system that is on side of the tenant.
            For example,..If you had issued a 10 day notice of rent arrears from the moment the payment wasn't in your account, and followed that up with an application to DBH for a mediation(and you had come to a mutual agreement for arrears payment), then as soon as they were 21 days in arrears you would be able to issue a 48 hour eviction notice for them not complying with the tribunals order.

            Thus your 6 weeks owing would have been minimised through a 4 week bond refund and a court order for outstanding monies.
            Last edited by Perry; 14-06-2010, 11:13 PM.

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            • #7
              Tnx Keys, yes vetted PM and should be ok. Was going to ask about TINZ so thanks for that, will join although I will check if PM is a member. Have done application for possession and all damages. Bond is 3 weeks + 1 week in advance. She going to WINZ to get them to pay. And in future will definitely file 10day notices from now on.

              Another question: How come when you state "No Dogs" in the Tenancy Agreement the tenant is allowed their Dog not only at the property but inside??? Called tenancy and they said nothing we could do it is part of her family.

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              • #8
                Hi Glen, we initially file 10 day notice for rent arrears when they got behind previously, but before mediation they paid in full. At the time due to all other issues we also filed a 90 day end of tenancy notice, and this is when they stopped paying and we are now 6weeks in arrears. Bond was not paid in full so although I stated above 3 weeks + 1 week in advance they only paid 2.5 weeks and we also filed 10 day notice for that. I know now the should, could and woulds but just letting off steam really and hoping to advise others.

                Thanks everyone the advise really does help
                Last edited by hadenuf; 09-06-2010, 11:19 PM.

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                • #9
                  Originally posted by hadenuf View Post
                  Another question: How come when you state "No Dogs" in the Tenancy Agreement the tenant is allowed their Dog not only at the property but inside??? Called tenancy and they said nothing we could do it is part of her family.
                  Dogs are almost impossible to police. I have stipulated that no dogs include visiting dogs, babysitting dogs or stray dogs. Immediately issue a 90 day notice "tenancy will terminate on dd/mm/yyyy or earlier by TT order". On my application forms I ask 6 yes/no questions. Each must be answered. One of those is "do you have pets?"

                  Answering negative there and subsequently having pets allows me to apply under S 78(g) for termination due to a fraudulent application.

                  Ring Tenancy Services again and ask the same question. I'd be surprised if you got a consistent answer.
                  www.3888444.co.nz
                  Facebook Page

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                  • #10
                    Been burnt 2 times now and we have been too trusting and we did not initially file 10 day notices straight away as we gave the tenant obviously too many chances and now it has backfired big time. Only selves to blame but have learnt alot from this experience

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                    • #11
                      Originally posted by hadenuf View Post
                      Been burnt 2 times now and we have been too trusting and we did not initially file 10 day notices straight away as we gave the tenant obviously too many chances and now it has backfired big time. Only selves to blame but have learnt alot from this experience
                      A wise man learns and moves on. A fool doesn't and continues with mistake after mistake.
                      www.3888444.co.nz
                      Facebook Page

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                      • #12
                        Originally posted by hadenuf View Post
                        Another question: How come when you state "No Dogs" in the Tenancy Agreement the tenant is allowed their Dog not only at the property but inside??? Called tenancy and they said nothing we could do it is part of her family.
                        If your initial agreement states "no dogs/pets", then that means what it says!....IF you want it to.

                        BUT!.....personally I have changed my views on this over the years and decide on a case by case scenario. i.e. I might write into the agreement that there will be no pets (...and written with a mutual agreement of the tenant), but turn a 'blind eye' to them having a pet during their tenancy, considering that a lot of other properties have been closed to them because of their pets, but can use this against any bond refund re damage etc

                        If you are managing your own properties personally you can allow for different situations personally better than a PM can.

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                        • #13
                          Originally posted by Keys View Post
                          There are a lot of could have, should have things which could be posted. Unless you have done it yet, do an online application at the tenancy tribunal for termination confirmation and possession. Insist upon bypassing mediation. Get termination and use it with the court bailif. Join TINZ for future checks on tenants. Take four weeks for bond. Issue ten day notices on day one of rent arrears. Apply to the TT on day 4-5 of rent arrears. Count your blessings that you've had just two bad ones. Have you vetted your PM very hard and well?
                          I Agree!

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                          • #14
                            Time to invest in commercial property
                            Last edited by revdev; 10-06-2010, 08:04 AM. Reason: moderation

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                            • #15
                              It's your auction day today isn't it Bruce? Best of luck.
                              Squadly dinky do!

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